fi. 


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«*  K  E 


L     A     W     S 


OF      T  II 


UNITED    STATES 


O    F 


A. 


IN  THREE  VOLUMES. 


VOL.  I. 


PUBLISHED  BT  AUTHORITY 


PHILADELPHIA: 

PRINTED  BT  RICHARD  FOL  K' 
No-    33>    WULEERRY-STREET 


1796, 


£3 


V.4 
X 


THE 

CONSTITUTION 


O  F    T  H  £ 


United  States  of  America. 


CONSTITUTION 


OF      THE 


UNITED  STATES 


WE,  The  People  of  the  United  States,  in  or.der 
to  form  a  more  perfect  Union,  eitabh'fh  juf- 
tice,  infure  domeftic  Tranquility,  provide  for  the  com. 
mpn  Defence,  promote  the  general  Welfare,  and  fecure 
the  Blemngs  of  Liberty  to  ourfelves  and  our  Poflerity, 

DO  ORDAIN  AND  ESTABLISH   this  CONSTITUTION 

for  the. UNITED  STATES  of  AMERICA. 
ARTICLE      I. 

Scft.  i .  ALL  legiflative  powers  herein  granted, 
fliall  be  vefted.  in  a  Congrefs  of  the  United  States,, 
which  fliall  confifl  of  a  Senate  and  Houfe  of  Reprefen- 
tatives. 

Sect.  2.  The  Senile  of  Reprefentatives  fliall  be 
compofed  of  members  chofen  every  fecond  year  by  the 
people  of  the  feveral  dates  ;  and  the  electors  in  each 
flate  ihall  have  the  qualifications  requifite  for  electors 
of  the  mod  numerous  branch  of  the  flate  legiilature. 

No  perfon  mail  be  a  Reprefentative  who  ihall  noC 
have  attained  to  the  age  of  twenty-five  years,  and  been 
feven  years  a  citizen  of  the  United  States,  and  who 
ihall  not,  when  elected,  be  an  inhabitant  of  that  flate 
in  which  he  fliall  be  chofen. 

Reprefentatives  and  direct  taxes  fliall  be  apportion- 


C    6    ] 

ed  among  the  feveral  ftates  which  may  be  included 
within  this  Union,  according  to  their  refpeclive  num- 
bers, which  fhall  be  determined  by  adding  to  the  whole 
number  of  free  perfons,  including  thofe  bound  to  fer- 
vice  for  a  term  of  years,  and  excluding  Indians  net 
taxed,  three-fifths  of  all  other  perfons.  The  aclual 
enumeration  fhall  be  made  within  three  years  after  the 
firft  meeting  of  the  Congrefs  of  the  United  States,  and 
within  every  fubfequent  term  often  years,  in  fuch  man- 
ner as  they  mall  by  law  direct.  The  number  of  Repre- 
fentatives  fhall  not  exceed  one  for  every  thirty  thoufand, 
but  each  ftate  fhall  have  at  leafl  one  Reprefentative  ; 
and  until  fuch  enumeration  fhall  be  made,  the  ftate  of 
New-Hampfhire  fhall  be  entitled  to  chufe  three ;  Maf. 
fachufetts,  eight;  Rhode-Inland  and Provid-erree  Planta- 
tions, one  ;  Connecticut,  five;  New- York,  jfix;  New- 
Jcrfey,  four;  Pennfylvania,  eight;  Delaware,  one;  Ma- 
ryland, iix ;  Virginia,  ten  ;  North-Carolina,  five  j 
South- Carolina,  five  ;  and  Georgia,  three. 

When  vacancies  happen  in  the  rcprefentation  froKi 
any  ftate,  the  executive  authority  thereof  fhall  iffue  writs 
of  election  to  fill  fuch  vacancies. 

The  Houfe  of  Representatives  ihall  chufe  their  Spea- 
ker and  other  officers  5  and  fhall  have  the  fole  power  of 
impeachment. 

&#,  3.  The  Senate  of  theUnlted  States  fhall  be  com- 
pofed  of  tv/o  Senators  from  each  ftate,  chofen  by  the 
legiflatnre  thereof,  for  fix  years;  and  each  Senator  fhall 
have  one  vote. 

Ininiedkteiy  after  thty  feaii  be  affembled,  m  confe- 
queiice  of  trie  firft  election,  they  (hall  be  divided  a^ 
equally  as  may  be  into  three  claffes.  I'he  feats  of  the  Se- 
nators of  the  firft  cLifs  ihall  be  vacated  at  the  expira- 
tion of  the  fecond  year,  of  the  fecond  clafs  at  the  exp'- 
Tation  of  the  fourth  year,  and  of  the  third  clafs  lit  tii-e  ex- 
pirntion  ofthc  fathyear3  fo  that  one-third  may  be  chofeu 
every  fecond  year  ;  and  if  vacancies  happen  by  reil^na- 
tion?or  otherwife,  during  the  recefs  of  the  legiila-ture  of 
my  Hate,  the  executive  thereof  may  make  t 


C    7     3 

appoint  metres  until  the  next  meeting  of  the  legiflature, 
which  fhall  then  fill  inch  vacancies. 

No  pcrfon  fhall  be  a  Senator  who  fhali  not  have  at- 
tatfted  to  the  age  of  thirty  years,  and  been  nine  years  a 
crtizren  of  the  United  States,  and  who  fhall  not  when 
cleSred,  be  an  inhabitant  of  that  fta:e  for  which  he  ihall 
fre  chofen. 

The  Vice-President  of  the  United  States  (hall  be  Prefi- 
dent  of  the  Senate,  but  fhall  have  no  Tote.,  uniefs  they 
be  equally  divided. 

The  Senate  (hail  chufe  their  other  officers,  and  alfo  * 
Prefident  Pro  Tenipwe,  in  the  abfence  of  the  Vice-Pre- 
fident, or -when  he  fhali  exercife  the  office  of  Prefident 
of  the  United  States. 

The  Senate  fhall  have  the  fole  power  to  try  all  impeach- 
ments. When  fitting  for  that  purpofe,  they  fhall  be  on 
oath  or  affirmation.  When  the  Prefident  of  the  United 
States  is  tried,  the  Chief  Juftice  fhall  prefide  :  and  no 
perfon  fhall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  prefent. 

Judgment  in  cafes  of  impeachment  fhall  not  extend 
further  than  to  removal  from  office,  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  truft  or  profit 
under  the  United  States  ;  but  the  party  convifted  fball 
neverthelefs  be  liable  and  fubjed:  to  indidment,  trial, 
judgment  and  puniihment  according  to  law. 

Seft.  4.  The  times,  places  and  manner  of  holding 
eleftions  for  Senators  and  Reprefentatives,  fhall  be  pre* 
fcribed  in  each  ftate  by  the  legislature  thereof:  But  th£ 
Congrefs  may  at  any  time  by  law  make  or  alter  fuch 
regulations,  except  as  to  the  places  of  chufing  Senators* 
The  Congrefs  fhall  aflfemble  at  lead  once  in  every  year, 
and  fuch  meeting  mall  be  on  the  firft  Monday  in  DC* 
cembcr,  uniefs  they  fhall  by  law  appoint  a  different  day. 
&v*?.  5.  Each  Houfc  fhall  be  the  judge  of  the  elec- 
tions, returns  and  qualifications  of  its  own  members,  and 
a  majority  of  each  fhall  conflitute  a  quorum  to  do  bu« 
fmefs  ;  but  a  fmaller  number  may  adjourn  from  day  to 
day,  and  may  be  authorized  tp  compel  the  attendance 


C     8     ] 

of  abfent  members,  in  fuch  manner,  and  under  fuch  pe* 
ttalties,  as  each  Houfe  may  provide. 

Each  Houfe  may  determine  the  rules  of  its  proceed- 
ings,  punifh  its  members  for  diforderly  behaviour,  and, 
v/ith  the  concurrence  of  two-thirds,  expel  a  member. 

Each  Houfe  mail  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publifh  the  fame,  excepting  fuch 
parts  as  may,  in  their  judgment,  require  fecrecy  ;  and  the 
yeas  and  nays  of  the  members  of  either  Houfe  on  any 
queftion,  mail,  at  the  defire  of  one- fifth  of  thofe  prefent, 
be  entered  on  the  journal. 

Neither  Houfe,  during  the  fern"  on  of  Cpngrefs,  mall, 
without  theconfent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which 
the  two  lioufes  mall  be  fitting. 

Sefl.  6.  The  Senators  and  .Reprefentatives  fiiall  re- 
ceive a  compenfation  for  their  fervices,  to  be  afcertained 
by  law,  and  paid  out  of  the  treafury  of  the  United  States* 
They  mall  in  all  cafes,  except  treafon,  felony  and  breach 
of  the  peace,  be  privileged  from  arreft  during  their  at- 
tendance at  the  ieilion  of  their  refpeclive  Houfes,  and 
m  going  to  or  returning  from  the  fame;  and  for  any 
fpeech  or  debate  in  either  Houfe,  they  mail  not  be  quef- 
tioned  in  any  other  place. 

No  Senator  or  Reprefentative  mail,  during  the  time 
for  which  he  was  eledled,  be  appointed  to  any  civil  of- 
fice under  the  authority  of  the  United  States,  which  mall 
have  been  created,  or  the  emoluments  whereof  mall  have 
been  encrcafed  during  fuch  time ;  and  no  perfon  hold- 
ing any  office  under  the  United  States,  mall  be  a  mem- 
ber of  either  Koufe  during  Ms  continuance  in  office. 

Sefl.  7.  All  bills  for  raiting  revenue  fiiall  originate 
in  the  Houfe  of  Reprefentatives ;  but  the  Senate  may 
propofe  or  concur  with  amendments  as  on  other  bills. 

Every  bill  which  mail  have  palled  the  Houfe  of  Re- 
prefentativ.es  and  the  Senate,  mail,  before  it  become  a 
lav/,  be  preferred  to  the  Prefident  cf  the  United  States : 
If  he  approve  he  mall  fign  it  ;  but  if  not  he  mall  return 
k,  with  his  obje&icns,  to  that  Houfe  in  v/Iuch  i;  (hall 


[    9     ] 

have  originated,  who  fhall  enter  the  objections  at  large 
on  their  journal,  and  proceed  to  reconfider  it.  If  after 
fuch  reconfideration,  two-thirds  of  that  Houfe  fhall  agree 
to  pafs  the  bill,  it  fhall  be  fent,  together  with  the  objec- 
tions, to  the  other  Houfe,  by  which  it  fhall  likewife  be 
reconfidered,  and  if  approved  by  two-thirds  of  that 
Houfe,  it  fhall  become  a  law.  But  in  all  fuch  cafes,  the 
votes  of  both  Houfes  fhall  be  determined  by  yeas  and 
nays ;  and  the  names  of  the  perfons  voting  for  and 
a^amil  the  bill,  fhall  be  entered  on  the  journal  of  each 
Houfe  refpeftively.  If  any  bill  fhall  not  be  returned  by 
the  Prefident  within  ten  days  (Sundays  excepted)  after 
it  fhall  have  been  prefented  to  him,  the  fairte  fhall  be  a 
law,  in  like  manner  as  if  he  had  figned  it,  unlefs  the 
Congrefs  by  their  adjournment  prevent  its  return,  in 
which  cafe  it  fhall  not  be  a  law. 

Every  order,  refolution  or  vote  to  which  the  con- 
currence of  the  Senate  and  Houfe  of  Reprefentatives 
may  be  neceflary  (except  on  a  queftion  of  adjournment) 
fhall  be  prefented  to  the  Prefident  of  the  United  States  ; 
and  before  the  fame  fhall  take  efFecl:,  fhall  be  approved 
by  him,  or  being  difapproved  by  him,  (hall  be  repaffed 
by  two-thirds  of  the  Senate  and  Houfe  of  Reprefenta- 
tives, according  to  the  rules  and  limitations  prefcribed 
in  the  cafe  of  a  bill. 

Seft.  8.  The  Congrefs  fhall  have  power — 
To  lay  and  collect  taxes,  dudes,  impofls  and  excifes, 
to  pay  the  debts  and  provide  for  the  common  defence 
and  general  welfare  of  the  United  States  ;  but  all  du- 
ties, impofls  and  excifes,  fhall  be  uniform  throughout 
the  United  States  : 

To  borrow  money  on  the  credit  of  the  United  States : 
To  regulate   commerce  with   foreign  nations,  and 
among  the  feveral  flates,  and  with  the  Indian  tribes  : 

To  eftablifh  an  uniform  rule  of  naturalization,  and 
•  uniform  laws  on  the  fubjeft  of  bankruptcies  through- 
out the  United  States ; 

VOL.  I.  B 


[10       ] 

To  coin  money,  regulate  the  value  thereof,  and  of 
foreign  coin,  and  fix  the  ftandard  of  weights  and  mea- 
fures  : 

To  provide  for  the  punifhment  of  counterfeiting  the 
fecurities  and  current  coin  of  the  United  States  : 

To  eftablifh  pofl -offices  and  poft-roads  : 

To  promote  the  progrefs  of  fcience  and  ufeful  arts, 
by  fecuring,  for  limited  times,  to  authors  and  inventors, 
the  exclufive  right  to  their  refpedive  writings  and  dif- 
coveries : 

To  conftitute  tribunals  inferior  to  the  fupreme  court : 

To  define  and  punifh  piracies  and  felonies  commit- 
ted on  the  high  feas,  and  offences  againil  the  law  of  na- 
tions : 

To  declare  war,  grant  letters  of  marque  and  reprifal, 
and  make  rules  concerning  captures  on  land  and  water  : 

To  raife  and  fupport  armies ;  but  no  appropriation 
of  money  to  that  ufe  mail  be  for  a  longer  term  than 
two  years : 

To  provide  and  maintain  a  navy : 

To  make  rules  for  the  government  and  rugulation 
of  the  land  and  naval  forces  : 

To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Union,  fupprefs  infurreclions  and  repel 
invafions : 

To  provide  for  organizing,  arming,  and  difciplining 
the  militia,  and  for  governing  fuch  part  of  them  as 
may  be  employed  in  the  fervice  of  the  United  States, 
referving  to  the  ftates  refpeftively,  the  appointment  of 
the  officers,  and  the  authority  of  training  the  militia 
according  to  the  difcipline  prescribed  by  Congrefs : 

To  exercife  exclufive  leigflation  in  all  cafes  whatfo- 
ever,  over  fuch  diftrift  (not  exceeding  ten  miles  fquare) 
as  may  by  ceflion  of  particular  ftates,  and  the  accep- 
tance of  Congrefs,  become  the  feat  of  the  government 
of  the  United  States,  and  to  exercife  like  authority  over 
all  places  purchafedbythe  confent  of  thelegiflature  of  the 
ftate  in  which  the  fame  fhall  be,  for  the  erection  of 


E    "    ] 

forts,  magazines,  arfenals,  dock-yards,  and  other  need- 
ful buildings  : — And 

To  make  all  laws  which  mall  be  necefiary  and  pro- 
per for  carrying  into  execution  the  foregoing  powers, 
and  all  other  powers  veiled  by  this  Conftitution  in  the 
government  of  the  United  States,  or  in  any  department 
or  officer  thereof. 

Seel.  9.  The  migration  or  importation  of  fuch  per- 
fons  as  any  of  the  ftates  now  exifting  fhall  think  pro- 
per  to  admit,  mail  not  be  prohibited  by  the  Congrefs 
prior  to  the  year  one  thoufand  eight  hundred  and  eight ; 
but  a  tax  or  duty  may  be  impofed  on  fuch  importation, 
not  exceeding  ten  dollars  for  each  perfon. 

The  privilege  of  the  writ  of  habeas  corpus  fhall  not 
be  fufpended,  unlefs  when  in  cafes  of  rebellion  or  inva- 
fion  the  public  fafety  may  require  it. 

No  bill  of  attainder  or  ex  pqft  fado  law  mall  be  patted. 

No  capitation,  or  other  direct  tax  fhall  be  laid,  un- 
lefs  in  proportion  to  the  cenfus  or  enumeration  herein 
before  directed  to  be  taken. 

No  tax  or  duty  mail  be  laid  on  articles  exported  from 
any  flate.  No  preference  fhall  be  given  by  any  regula- 
tion of  commerce  or  revenue  to  the  ports  of  one  ftate 
over  thofe  of  another  :  Nor  fhall  veflels  bound  to,  or 
from,  one  flate  be  obliged  to  enter,  clear,  or  pay  duties 
in  another. 

No  money  fhall  be  drawn  from  the  treafury,  but  in 
confequence  of  appropriations  made  by  law  ;  and  a  re- 
gular flatement  and  account  of  the  receipts  and  expen- 
ditures of  all  public  money  fhall  be  publifhed  from  time 
to  time. 

No  title  of  nobility  fhall  be  granted  by  the  United 
States :  and  no  perfon  holding  any  office  of  profit  or 
trufl  under  them,  fhall,  without  the  confent  of  the  Con- 
grefs, accept  of  any  prefent,  emolument,  office,  or  title 
of  any  kind  whatever,  from  any  king,  prince  or  foreign 
ftate. 

10.  No  flate  fhall  enter  into  any  treaty,  alliance 


C        '*       ] 

or  confederation ;  grant  letters  of  marque  and  reprifal ; 
coin  money  ;  emit  bills  of  credit ;  make  any  thing  but 
gold  and  filver  coin  a  tender  in  payment  of  debts ;  pa'.s 
any  bill  of  attainder,  ex  pqft  fado  law,  or  law  impairing 
the  obligation  of  contracts,  or  grant  any  title  of  nobility. 
No  flate  mall,  without  the  confent  of  the  Congrels, 
lay  any  impofls  or  duties  on  imports  or  exports,  except 
what  may  be  abfolutely  necefiary  for  executing  its  in- 
fpection  laws  ;  and  the  net  produce  of  all  duties  and 
impofls,  laid  by  any  flate  on  imports  or  exports,  mall 
be  for  the  ufe  of  the  treafury  of  the  United  States ;  and 
all  fuch  laws  mail  be  fubjecl  to  the  revifion  and  con- 
troul  of  the  Congrefs.  No  flate  mail, without  the  confent 
of  Congrefs,  lay  any  duty  of  tonnage,  keep  troops,  ur 
fhips  of  war  in  time  of  peace,  enter  into  any  agreement 
or  compact  with  another  flate,  or  with  a  foreign  pow- 
er, or  engage  ki  war,  unlefs  actually  invaded,  or  in.  fuch 
imminent  danger  as  will  not  admit  of  delay. 

ARTICLE     II. 

Bed.  i.  The  executive  power  mail  be  vefled  in  a 
Prefident  of  the  United  States  of  America.  He  mail 
hold  his  office  during  the  term  of  four  years,  and,  toge- 
ther with  the  Vice-Prefident,  chofen  for  the  fame  term, 
be  elected  as  follows  : 

Each  flate  mall  appoint,  in  fuch  manner  as  the  legif- 
lature  thereof  may  direct,  a  number  of  electors,  equal 
to  the  whole  number  of  Senators  and  Reprefentatives 
to  which  the  flate  may  be  entitled  in  the  Congrefs ;  but 
no  Senator  or  Reprefentative,  or  perfon  holding  an 
office  of  trufl  or  profit  under  the  United  States,  mail 
be  appointed  an  elector. 

The  electors  mall  meet  in  their  refpective  flates,  and 
vote  by  ballot  for  two  perfons,  of  whom  one  at  leafl 
Jhall  not  be  an  inhabitant  of  the  fame  flate  with  them* 
felves.  And  they  mail  make  a  lift  of  all  the  perfons 
voted  for,  and  of  the  number  of  votes  for  each  ;  which 
lift  they  mall  fign  and  certify,  and  tranfmit,  fealed,  to 


C    13    ] 

the  feat  of  the  government  of  the  United  States,  dire&- 
ed  to  the  Prefident  of  the  Senate.  ThePrefident  of  the 
Senate  fhall,  in  the  prefence  of  the  Senate  and  Houfc 
of  Reprefentatives,  open  all  the  certificates,  and  th« 
votes  fhall  then  be  counted.  The  perfon  having  the 
greateft  number  of  votes  fhall  be  the  Prefident,  if  fuch 
number  be  a  majority  of  the  whole  number  of  electors 
appointed ;  and  if  there  be  more  than  one  who  have 
fuch  majority,  and  have  an  equal  number  of  votes,  then 
the  Houfe  of  Reprefentatives  (hall  immediately  chufe 
by  ballot  one  of  them  for  Prefident ;  and  if  no  perfon 
have  a  majority,  then  from  the  five  highcft  on  the  lift  the 
faid  Houfe  fhall  in  like  manner  chufe  the  Prefident.  But 
in  chufing  the  Prefident,  the  votes  fhall  be  taken  by 
flates,  the  reprefentation  from  each  flate  having  one  vote ; 
a  quorum  for  this  purpofe  fhall  confift  of  a  member  or 
members  from  two-thirds  of  the  itates,  and  a  majority 
of  all  the  ftates  mail  be  nccefTary  to  a  choice.  In  every 
cafe,  after  the  choice  of  the  Prefident,  the  perfon  hav- 
ing the  greatefl  number  of  votes  of  the  electors  fhall  be 
the  Vice-Prefident.  But  if  there  mould  remain  two  or 
more  who  have  equal  votes,  the  Senate  mall  chufe  from 
them  by  ballot  the  Vice-Prefident. 

The  Congrefs  may  determine  the  time  of  chufing  the 
electors,  and  the  day  on  which  they  fhall  give  their 
votes ;  which  day  fhall  be  the  fame  throughout  the 
United  States. 

No  perion  except  a  natural  born  citizen,  or  a  citizen 
of  the  United  States,  at  the  tii-ne  of  the  adoption  of  this 
Conftitution,  fhall  be  eligible  to  the  office  of  Prefident ; 
neither  fhall  any  perfon  be  eligible  to  that  office  who 
fhall  not  have  attained  to  the  age  of  thirty-five  years, 
and  been  fourteen  years  a  refident  within  the  United 
States. 

In  cafe  of  the  removal  of  the  Prefident  from  office,  or 
of  his  death,  refignation,  or  inability  to  difcharge  the 
powers  and  duties  of  the  faid  office,  the  fame  mail  de* 
volve  on  the  Vice-Prefideat ;  and  the  Congreis  may  by 


14 

law  provide  for  the  cafe  of  removal,  death,  resignation, 
or  inability,  both  of  the  Prefrdent  and  Vice-Prefident, 
declaring  what  officer  (hall  then  aft  as  Prefident ;  and 
fuch  officer  fhall  aft  accordingly,  until  the  difability  be 
removed,  or  a  Prefident  (hall  be  elected. 

The  Prefident  fhall,  at  dated  times,  receive  for  his  fer- 
vices,  a  compenfation,  which  fhail  neither  be  increafed 
nor  diminiihed  during  the  period  for  which  he  fhall  have 
been  elected  ;  and  he  mall  not  receive  within  that  pe- 
riod any  other  emolument  from  the  United  States,  or 
any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he  fhall 
take  the  following  oath  or  affirmation  : 

"  I  do  folemnly  fwear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  Prefident  of  the  United  States  ; 
and  will,  to  the  bed  of  my  ability,  preferve,  proteft  and 
defend  the  Conftitution  of  the  United  States." 

Sect.  2.  The  Prefident  mall  be  commander  in  chief  of 
the  army  and  navy  of  the  United  Statefe,  and  of  the  mili- 
tia of  the  feveral  Hates,  when  called  into  the  actual  fer- 
vice  of  the  United  States  ;  he  may  require  the  opinion, 
in  writing,  of  the  principal  officer  in  each  of  the  execu- 
tive departments,  upon  any  fubjeft  relating  to  the  duties 
of  their  refpeftive  offices,  and  he  fhall  have  power  to 
grant  reprieves  and  pardons  for  offences  againft  the 
United  States,  except  in  cafes  of  impeachment. 

He  fhall  have  power,  by  and  with  the  advice  and  con- 
fent  of  the  Senate,  to  make  treaties,  provided  two-thirds 
of  the  Senators  prefent  concur;  and  he  fhall  nominate, 
and  by  and  with  the  advice  and  confent  of  the  Senate, 
fhall  appoint  ambaffadors,  other  public  miniflers  and 
confuls,  judges  of  the  fupreme  court,  and  all  other  of- 
ficers -of  the  United  States,  whofe  appointments  are  not 
herein  otherwife  provided  for,  and  which  fhall  be  eflab- 
iifhed  by  law.  But  the  Congrefs  may  by  law  veil  the 
appointment  of  fuch  inferior  officers,  as  they  think  pro- 
per, in  the  Prefident  alone,  in  the  courts  of  law,  or  in 
the  heads  of  departments. 


[     '5     ] 

The  Prefident  {hall  have  power  to  fill  up  all  vacancies 
that  may  happen  during  the  receis  of  the  Senate,  by 
granting  commiffions  which  fhall  expire  at  the  end  of 
their  next  feflion. 

Seft.  3.  He  fhall  from  time  to  time  give  to  the  Con- 
grefs  imformation  of  the  ftate.  of  the  Union,  and  re- 
commend to  their  confi deration  fuch  meafures  as  he 
fhall  judge  neceflary  and  expedient :  He  may,  on  extra- 
ordinary occafions,  convene  both  Houfes,  or  either  of 
them  ;  and  in  cafe  of  difagreement  between  them,  with 
refpect  to  the  time  of  adjournment,  he  may  adjourn 
them  to  fuch  time  as  he  fhall  think  proper :  He  ihall  re- 
ceive ambafiadors  and  other  public  minifters :  He  fhall 
take  care  that  the  laws  be  faithfully  executed,  and  mall 
commiffion  all  the  officers  of  the  United  States. 

Sefl.  4.  The  Prefident,  Vice-Prefident,  and  all  civil 
officers  of  the  United  States,  fhall  be  removed  from  of- 
fice on  impeachment  for,  and  conviction  of,  treafon, 
bribery,  or  other  high  crimes  and  mifdemcanors. 

ARTICLE     III. 

Scfl.  i.  The  judicial  power  of  the  United  States, 
fhall  be  vefled  in  one  fupreme  court,  and  in  fuch  in- 
ferior courts  as  the  Congrefs  may  from  time  to  time  or- 
dain and  eftablifh.  The  judges,  both  of  the  fupreme 
and  inferior  court,  fhall  hold  their  offices  during  good 
behaviour ;  and  mall,  at  ftated  times,  receive  for  their 
fervices,  a  compenfation,  which  fhall  not  be  diminifhed 
during  their  continuance  in  office. 

Seft.  2.  The  judicial  power  mall  extend  to  all  cafes, 
in  law  and  equity,  arifing  under  this  Conftitution,  the 
laws  of  the  United  States,  and  treaties  made,  or  which 
fhall  be  made,  under  their  authority  ;  to  all  cafes  affect- 
ing ambaffadors,  other  public  minifters,  and  confuls  ;  to 
all  cafes  of  admiralty  and  maritime  jurifdiction ;  to 
controverfies  to  which  the  United  States  fhal-l  be 
party ;  to  controverfies  between  two  or  more  flates, 


C     '6     ] 

between  a  ftate  and  citizens  of  another  ftate,  between 
citizens  of  different  ftates,  between  citizens  of  the  fame 
ftate,  claiming  lands  under  grants  of  different  ftates, 
and  between  a  ftate,  or  the  citizens  thereof,  and  foreign 
fates,  citizens,  or  fubjects. 

In  all  cafes,  affecting  ambafladors,  other  public 
minifters,  and  confuls,  and  thofe  in  which  a  ftate  mall 
be  party,  the  fupreme  court  mail  have  original  jurif- 
diction.  In  all  the  other  cafes  before  mentioned,  the 
fupreme  court  mail  have  appellate  jurisdiction,  both  as 
to  law  and  fact,  with  fuch  exceptions,  and  under  fuch 
regulations,  as  the  Congrefs  mail  make. 

The  trial  of  all  crimes,  except  in  cafes  of  impeach- 
ment, mail  be  by  jury  :  and  fuch  trial  fhall  be  held  in 
the  ftate  where  the  faid  crimes  mail  have  been  commit- 
ted ;  but  when  not  committed  within  any  ftate,  the  trial 
mail  be  at  fuch  place  or  places,  as  the  Congrefs  may 
by  law  have  directed. 

Seel.  3.  Treafon  againft  the  United  States,  mail  con- 
fift  only  in  levying  war  againft  them,  or  in  adhering  to 
their  enemies,  giving  them  aid  and  comfort.  No  perfon 
fhall  be  convicted  or  treafon  unlefs  on  the  teftimony  of 
two  witneffes  to  the  fame  overt  act,  or  on  confeffion  in 
open  court. 

The  Congrefs  fhall  have  power  to  declare  the  punifh- 
ment  of  treafon  :  but  no  attainder  of  treafon  fhall  work 
corruption  of  blood,  or  forfeiture,  except  during  the 
life  of  <the  perfon  attainted. 

ARTICLE     IV. 

Seft.  i .  Full  faith  and  credit  fhall  be  given,  in  each 
ftate,  to  the  public  acts,  records,  and  judicial  proceedings 
of  every  other  ftate.  And  the  Congrefs  may,  by  general 
laws,  prefcribe  the  manner  in  whjch  fuch  acts,  records, 
and  proceedings  fhall  be  proved,  and  the  effect  thereof. 

Seft*  2.  The  citizens  of  each  ftate  fhall  be  entitled  to  all 
privileges  and  immunities  of  citizens  in  the  feveral  ftates. 


C    '7    3 

A  perfon  charged  in  any  ftate  with  treafon,  felony, 
er  other  crime,  who  mall  flee  from  juftice,  and  be 
found  in  another  ftate,  {hall,  on  demand  of  the  execu- 
tive authority  of  the  ftate  from  which  he  fled,  be  deli- 
vered up,  to  be  removed  to  the  ftate  having  jurifdiction 
of  the  crime. 

No  perfon,  held  to  fervice  or  labour  in  one  ftate, 
under  the  laws  thereof,  efcaping  into  another,  {hall,  in 
confequence  of  any  law  or  regulation  therein,  be  dif- 
charged  from  fuch  fervice  or  labour ;  but  mail  be  de- 
livered up  on  claim  of  the  party  to  whom  fuch  fervice 
or  labour  may  be  due. 

Seft.  3.  New  ftates  may  be  admitted  by  the  Con- 
grefs into  this  union  ;  but  no  new  ftate  mall  be  formed 
or  erected  within  the  jurifdiction  of  any  other  ftate  ; 
nor  any  ftate  be  formed  by  the  junction  of  two  or  more 
ftates,  or  parts  of  ftates,  without  the  confent  of  the  le- 
giilatures  of  the  ftatejs  concerned,  as  well  as  of  the  Con- 
grefs. 

The  Congrefs  mail  have  power  to  difpofe  of,  and 
make  all  needful  rules  and  regulations  reflecting  the 
territory  or  other  property  belonging  to  the  United 
States  :  and  nothing  in  this  conftitution  mall  be  fo  con- 
ftrued,  as  to  prejudice  any  claims  of  the  United  States, 
or  of  any  particular  ftate* 

Seel.  4.  The  United  States  fhallguarantee  to  every  ftate 
in  this  union,  a  republican  form  of  government;  and  fhall 
protect  each  of  them  againft  invafion  ;  and  on  applica- 
tion of  the  legiflature,  or  of  the  executive  (when  the  le- 
gifiature  cannot  be  convened)  againft  domeftic  violence. 

ARTICLE    V. 

The  Congrefs,  whenever  two-thirds  of  both  Houfes 
{hall  deem  it  neceffary,  {hall  propofe  amendments  to 
this  conftitution,  or,  on  the  application  of  the  legifla- 
tures  of  two-thirds  of  the  feveral  ftates,  mall  call  a  con- 
vention for  propofmg  amendments,  which,  in  either 
cafe,  mall  be  valid,  to  all  intents  and  purpcfesp  as  part 

VOL.  I.  C 


of  this  conftitutioiu  when  ratified  by  the  legislatures 
of  three-fourths  of  the  feveral  flates,  or  by  conventions 
in  three-fourths  thereof,  as  the  one  or  the  other  mode 
of  ratification  may  be  propofed  by  the  Congrefs  ;  pro- 
vided, that  no  amendment,  which  may  be  made  prior 
to  the  year  one  thoufand  eight  hundred  and  eight,  mail 
in  any  manner  affect  the  firil  and  fourth  claufes  in  the 
ninth  fe&ion  of  the  firft  article  ;  and  that  no  ftate,  with- 
out its  confent,  fhall  be  deprived  of  its  equal  fuflrage 
in  die  fenate* 

ARTICLE     VL 

All  debts  contracted,  and  engagements  entered  into, 
before  the  adoption  of  this  conftitution,,  mail  be  as  va- 
lid againfl  the  United  States,  under  this  conftitution,  as 
under  the  confederation* 

This  contention,  and  the  laws  of  the  United  States 
which  fliall  be  made  in  purfuance  thereof,  and  all  trea- 
ties made,  or  which  fhall  be  made,  under  the  authority 
of  the  United  States,  fnall  be  the  fupreme  law  of  the 
land :  and  the  judges,  in  every  ftate,  fhall  be  bound 
thereby,  any  thing  in  the  conftitution  or  laws  of  any 
Hate  to  the  contrary  notwithstanding. 

The  Senators  and  Reprefentatives  before  mentioned, 
and  the  members  of  the  feveral  ftate  legiilatures,.  and 
all  executive  and  judicial  officers,  both  of  the  United 
States  and  of  the  feveral  Hates,  fhall  be  bound,  by  oath 
or  affirmation,  to  fupport  this  conftiuuicn  ;  but  BO  reli- 
gious tefl  fhall  ever  be  required  as  a  qualification  to  any 
ofEce  or  public  trufl  under  die  United  States. 

A  R  T  I  C  L  E     VII. 

The  ratification  of  the  conventions  of  nine  ftates,  fhall 
be  fufficient  for  the  eftabliihment  of  this  conftitution  be- 
tween the  flates  fo  ratifying  the  fame. 
Done  in  convention^  by  the  unanimous  confent  of  thefiates 

prefcnt,  the  fevent  cent  h  day  of  September^  in  the  year  of 


C    '9 


•\r      IT     ^/L' 
Nevu-Hampjhire* 


Connecticut, 


New-Jerfey, 


Delaware, 

Maryland, 
Virginia^ 


car  Lord  one  thoufand  feven  hundred  and  eight j -fey en, 
and  of  the  independence  of  the  United  States  of  America 
the  twelfth.  In  witnefs  whereof,  we  have  hereunto  fub- 
fcribcd  our  najncs. 

GEORGE  WASHINGTON, 
Prcfidcnt,  and  Deputy  from  Virginia. 

C  John  Langdon, 

£  Nicholas  Gilman. 

("Nathaniel  Gorham, 

?  Rufus  King. 

C  William  Samuel  Johnfon, 

(_  Roger  Sherman. 

<{  Alexander  Hamilton. 

William  Livingflon, 
David  Brearley? 
William  Patcrlbn, 
Jonathan  Dayton, 


Benjamin  Franklin, 
Thomas  Miffiin, 
Robert  Morris, 
George  Clymer, 
Thomas  Fitzfimon§, 
jared  Ingerfol, 
James  Wiifon, 
Gouverneur  Morris. 


f  George  Reed, 
I  Gunning  Bedford,  junior, 
<]  John  Dickinfon, 
|  Richard  Baffett, 
[^  Jacob  Broom. 
C  James  M'Henr)r, 
<  Daniel  of  St.  Thomas  Jenifer,, 
^Daniel  Carroll. 
C  John  Blair, 
£  James  Madifon,  junior. 


r  20  ] 

T  William ,, 

•berth-Carolina-,          )  Richard  Dobbs  Spaight, 
(  Hugh  Williamfon. 

John  Rutledge, 

Scttt/j-Carvlina,          J  CharlesCotefworthPinckney; 
Charles  Pinckney, 
Pierce  Butler, 

C  William  Few, 

jf  Abraham  Baldwin. 

Atteft  :  WILLIAM  JACKSON,  Secretary. 


IN     CONVENTION, 

Monday,  September  17,  1787. 

PRESENT, 

THE  STATES  OF  NEW-HAMPSHIRE,  MASSACHUSETTS, 
CONNECTICUT,  MR.  HAMILTON,  FROM  NEW  YORK, 
NEW-JERSEY,  PENNSYLVANIA,  DELAWARE,  MARY- 
LAND, VIRGINIA,  NORTH-CAROLINA,  SOUTH-CA- 
ROLINA, AND  GEORGIA  : 
RESOLVED, 

THAT  the  preceding  conftitution  be  laid  before 
the  United  States  in  Congrefs  affembled,  and  that 
it  is  the  opinion  of  this  convention,  that  it  fhould  after- 
wards be  fubmitted  to  a  convention  of  Delegates,  cho- 
fen  in  each  ftate  by  the  people  thereof,  under  the  re- 
commendation of  its  legiflature,  for  their  affent  and 
ratification ;;  and  that  each  convention  aifenting  to,  and 
ratifying  the  fame,  fhould  give  notice  thereof  to  the  Uni- 
ted States  in  Congrefs  affembled. 

Refolvedj  That  it  is  the  opinion  of  this  convention, 
that  as  foon  as  the  conventions  of  nine  dates  iktli  have 
ratified  this  conftitution,  the  United  States  in  Congrefs 
alTembled  Ihould  fix  a  day  on  which  electors  fhcnld  be 
appointed  by  the  ftates  which  fhall  have  ratified  the 
fame,  and  a  day  on  which  the  electors  fhould  aiTemble 
to  vote  for  the  Prefident,  and  the  time  and  phce  foz 


commencing  proceedings  under  this  conftltution.  That 
after  fuch  publication,  the  electors  fhould  be  appointed, 
and  the  Senators  and  Reprefentatives  elected.  That  the 
electors  fhould  meet  on  the  day  fixed  for  the  election  of 
the  Prefident,  and  fhould  tranfmit  their  votes,  certified, 
iigned,  fealed  and  directed,  as  the  conflitution  requires, 
to  the  Secretary  of  the  United  States  in  Congrefs  afiem- 
bled.  That  the  Senators  and  Reprefentatives  fhould 
convene  at  the  time  and  place  afligned.  That  the  Sena- 
tors  mould  appoint  a  Prefident  of  the  Senate,  for  tire 
fole  purpofe  of  receiving,  opening  and  counting  the 
votes  for  Prefident ;  and,  that  after  he  mall  be  chofen, 
the  Congrefs,  together  with  the  Prefident,  mould,  with- 
out delay,  proceed  to  execute  this  conflitution. 
By  the  Unanimous  Order  of  the  Convention: 

GEORGE  WASHINGTON,  Prefident. 
WILLIAM  JACKSON,  Secretary. 

IN     CONVENTION, 

September,   17,   1787. 

SIR, 

WE  have  now  the  honor  to  fubmit  to  the  confi- 
deration  of  the  United  States  in  Congrefs  af- 
fembled,  that  conflitution  which  has  appeared  to  us  the 
mofl  advifable. 

The  friends  of  our  country  have  long  feen  and  defir- 
ed,  that  the  power  of  making  war,  peace  and  treaties  ; 
that  of  levying  money  and  regulating  commerce,  and 
the  correfpondent  executive  and  judicial  authorities, 
fhould  be  fully  and  effectually  veiled  in  the  general  go- 
vernment of  the  Union  :  But  the  impropriety  of  delega- 
ting fuch  exten five  truft  to  one  body  of  men  is  evident — 
Hence  refuks  the  neceffity  of  a  different  organiza- 
tion. 

It  is  obvioufly  impracticable  in  the  federal  govern- 
ment of  thefe  dates,  to  fecure  all  rights  of  independent 
fovereignty  to  each,  and  yet  provide  for  the  inter  eft 
and  fafety  of  all :  Individuals  entering  into  fociety,  muft 


r  «  3 

give  up  a  fhare  of  liberty  to  prefer ve  the  reft.  The 
magnitude  of  the  facrifice  muft  depend  as  well  on  fitua* 
tion  and  circumftance,  as  on  the  object  to  be  obtained. 
It  is  at  all  times  difficult  to  draw  with  precifion  the 
Jine  between  thofe  rights  which  muft  be  furrendered, 
and  thofe  which  may  be  referred ;  and  on  the  prefent 
occafion,  this  difficulty  was  encreafed  by  a  difference 
among  the  feveral  dates  as  to  their  fituation,  extent, 
habits,  and  particular  interefts. 

In  all  our  deliberations  on  this  fubjecl  we  kept  fleaci- 
ly  in  our  view,  that  which  appears  to  us  the  greateft  in-* 
terefl  of  every  true  American,  the  confolidation  of  our 
Union,  in  which  is  involved  our  profperity,  felicity, 
fafety,  perhaps  our  national  exiftence.  This  important 
confideration,  ferioufly  and  deeply  imprefled  on  our 
minds,  led  each  ftate  in  the  convention  to  be  lefs  rigid 
on  points  of  inferior  magnitude,  than  might  have  been 
otherwife  expected ;  and  thus  the  constitution,  which 
we  now  prefent,  is  the  refult  of  a  fpirit  of  amity,  and  of 
that  mutual  deference  and  conceflion  which  the  peculi- 
arity of  our  political  fituation  rendered  indifpenfible. 

That  it  will  meet  the  full  and  entire  approbation  of 
every  ftate,  is  not  perhaps  to  be  expecled  ;  but  each  will 
doubtlefs  confider,  that  had  her  intereft  been  alone  con- 
fulted,  the  confequences  might  have  been  particularly 
difagreeable  or  injurious  to  others  ;  that  it  is  liable  to  as 
few  exceptions  as  could  reafonably  have  been  expected, 
we  hope  and  believe  ;  that  it  may  promote  the  lafting 
welfare  of  that  country  fo  dear  to  us  all,  and  fecure  her 
freedom  and  happinefs,  is  our  mod  ardent  wifh. 

With  great  refpeft, 

We  have  the  Honor  to  be, 

SIR, 
Your  Excellency's  moil 

Obedient  and  humble  Servants  : 
GEORGE  WASHINGTON,  Prudent, 

By  unanimous  Order  sf  the  Convention. 
His  Excellency 

THE  PRESIDENT  OF  CONGRESS. 


ACTS 

PASSED    AT    THE 

FIRST    SESSION 

OF      THE 

FIRST    CONGRESS 

OF     THE 

United  States  of  America^ 

BEGUN  AND  HELD  AT  THE  CITY  OF  NEW-YORK, 
On  Wednefday  the  Fourth  of  March, 

IN  THE  YEAR  M,DCC,LXXXIX: 

AND      OF     THE 

Independence  of  the  United  States. 
THE  THIRTEENTH. 


ACTS 

O    F 

CONGRESS. 

CHAPTER     L 

An  Aft  to  regulate  the  Time  and  Manner  of  ad* 
miniftering  certain  Oaths. 

Sc&ion  i.  T)  E  it  enabled  by  the  Senate  and 
_Jj  Reprefentativcs  of  the  United 
Slates  of  America  in  Congrefs  ajfembled,  That  the 
oath  or  affirmation  required  by  the  fixth  arti- 
cle of  the  Conftitution  of  the  United  States, 
fliall  be  adminiftered  in  the  form  following,  to 
wit,  "  I,  A.  B.  do  folemnly  fwear  or  affirm  (as  Oatk  to 
the  cafe  may  be)  that  I  will  fupport  the  Con-  fupportthe 
ftitution  of  the  United  States."  The  faid  oath  on" 
or  affirmation  {hall  be  adminiflered  within  three  the  forra<>f. 
days  after  the  pafling  of  this  aft,  by  any  one  ^ninered" 
member  of  the  Senate,  to  the  Prefident  of  the  totheprefi- 
Senate,  and  by  him  to  all  the  members  and  to  bcnk^dfc- 
the  Secretary ;  and  by  the  Speaker  of  the  He-life  cretary  of 
of  Reprefentatives,  to  all  the  members  who  f^^bc™ 
have  not  taken  a  fimilar  oath,  by  virtue  of  a  and  clerk  of 
particular  refolution  of  the  faid  Houfe,  and  to  J 
the  Clerk  :  And  in  cafe  of  the  ab  fence  of  any  tiv«. 
member  from  the  fervice  ef  either  Houfe,  at 
the  time  prefcribed  for  taking  the  faid  oath  or 
affirmation,  the  fame  (hall  be  adminiftered  to 
fuch  member,  when  he  fhall  appear  to  take  his 
feat. 

Sec.  2,  And  be  it  further  matted  ^  Tha£*tfhe 
firft  fefiion  of  Congrefs  after  every  general  elec- 
tion of  Repreientati v es,  the,  oath  or  affirmation 

VOL.  L  9 


t  26  ] 

To  m<?m-    aforefaM,  fhall  be  adminifteredby  any  tfne  mem- 

nate  antf"  ber  of  theHoufe  of  Reprefentatives  to  theSpea- 

houfeofrc-  ker  ;  and  by  him  to  all  the  members  prefent, 

tives^here-  an<^  to  tne  Clerk,  previous  to  entering  on  any 

after  elect-  other  bufmdfs  ;  and  to  the  members  who  mail 

ien*  afterwards  appear,  previous  to  taking  theirfeats. 

The  Prefident  of  the  Senate  for  the  time  being, 

fhall  alfo  adminifter  the  faid  oath  or  affirmation 

to  each  Senator  who  fhall  hereafter  be  elected, 

previous  to  his  taking  his  feat  :  And  in  any 

future  cafe  of  a  Prefident  of  the  Senate,  who 

.  fhall  not  have  taken  the  faid  oath  or  affirmation, 

the  fame  fhall  be  adminiftered  to  him  by  any 

'one  of  the  members  of  the  Senate. 


3*  ^nd  ^  **  farther  enacled^  That  the 
bcr-s  ornate  members  of  the  feveral  ftate  legiflatures,  at  the 
JaC^flatoraii  nextfeffions  of  the  faid  legiflatures  refpeclively, 
executive&  and  all  executive  and  judicial  officers  of  the  fe- 

iet'olthe  vera^  ^ates>  wno  nave  keen  heretofore  chofen 
feveral        or   appointed,   or  who  fhall  be  chofen  or  ap- 
pointed before  the  firftday  of  Augufi  next,  and 
who  fhall  then  be  in  office,  mail,  within  one 
month  thereafter,  take  the  fame  oath  or  affir- 
mation, except  where  they  mall  have  taken  it 
before;  which  may  be  adminifteted  by  any  per- 
fon  authorifed  by  the  law  of  the  ftate,  in  which 
-luch  office  fhall  be  holden,  to  adminifler  oaths. 
and  when.  ^n(j  tjle  members  of  the  feveral  ftate  legifla- 
tures, and  all  executive  and  judicial  officers  of 
the  feveral  ftates,  who  mall  be  chofen  or  ap- 
pointed after  the  faid  firft  day  of  Auguft,  fhall, 
before  they  proceed  to  execute  the  duties  of 
their  refpeclive  offices,  take  the  foregoing  oath 
or  affirmation,  which  fhall  be  adininiftered  by 
the  perfon  or  perfons,  who  by  the  law  of  the 
ftate  fhall  be  authorifed  to  adminifter  the  oath 
of  office  ;  and  the  perfon  or  perfons  fo  adminif- 
"  tering  the  Oath  hereby  required  to  be  taken, 


r  27  j 

friall  caufe  a  record  or  certificate  thereof  to  be 
made,  in  the  fame  manner,  as  by  the  law  of  the 
ftate,  he  or  they,  mall  be  directed  to  record  or 
certify  the  oath  of  office. 

Sec.  4.  And  be  it  farther  enacted.  That  all  ^  aU  offi- 
officers  appointed,  or  hereafter  to  be  appointed  cers  of  the 
under  the  authority  of  the  United  States,  mall, 
before  they  aft  in  their  refpeftive  offices,  take 
the  fame  oath  or  affirmation,  which  mail  be  ad- 
miniftered  by  the  perfon  or  perfons  who  (hall 
be  authorifed  by  law  to  adminifter  to  fuch  offi- 
cers their  refpeclive  oaths  of  office  ;  and  fuch 
officers  fhall  incur  the  fame  penalties  in  cafe  of 
failure,  as  mail  be  impofed  by  law  in  cafe  of 
failure  in  taking  their  refpeclive  oaths  of  office. 

Seel.  5.  And  be  it  further  enacted.  That  the 
Secretary  of  the  Senate,  and  the  Clerk  of  the 

TT         /•         >    m  r  •  r  i  •  i      •  °*  tonatc  « 

Houfe  of  Reprefentatives  for  the  time  being,  clerk  ot  the 
fhall,  at  the  time  of  taking  the  oath  or  affirma-    houi<- °* 

r        r  •  i  i         i       e  ,r  •          reprtfenta- 

tion  aforefaid,  each  take  an  oath  or  aifirraation 
in  the  v/ords  following,  to  wit ;  "  I,  A.  B.  Se- 
cretary of  the  Senate,  or  Clerk  of  the  Houfe 
of  Reprefentatives  (as  the  cafe  may  be)  of  the 
United  States  of  America,  do  folemnly  fwear  or 
affirm,  that  I  will  truly  and  faithfully  difcharge 
the  duties  of  my  faid  office,  to  the  beft  of  my 
knowledge  and  abilities, 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Rcprcfentat'wes. 

JOHN  ADAMS,  Vice-Prcfldent  of  the  United 
States  and  Prcfidcnt  of  the  Senate, 

Approved,  June  i,  1789: 

GEORGE  WASHINGTON,, 

Prejidcnt  of  the  United  States* 


C       2*       ] 

CHAPTER     II. 

An  Aft  for  laying  a  Duty  on  Goods,  Wares,  attit 
Merchandizes  imported  into  the  United  States. 

(REPEALED.} 


CHAPTER     III. 

An  Aft  impcfmg  Duties  on  Tonnage. 
(REPEALED.} 


CHAPTER    IV. 

An  Aft  for  ejiablijhing  an  Executive  Department? 
to  be  denominated  the  Department  of  Foreign 
Affairs. 

(REPEALED*) 


CHAPTER     V. 

An  Aft  to  regulate  the  Collection  of  the  Duties 
impofed  by  Law  on  the  Tonnage  of  Ships  or 
Veffels,  and  on  Goads ,  Wares^  and  Merchan* 
dizes  imported  into  the  United  States, 
(REPEALED.} 


CHAPTER     VL 

An  Aft  for  fettling  the  Accounts  between  tit 
United  States  and  individual  States. 

Se&ion  i.  1TJE  it  enabled  by  the  Senate  and 
JL)  Houfe  of  Reprefentatives  of  the 
United  States  of  America  in  Congrefs  ajfemblsd^ 
That  the  Prefident  of  the  United  States  be,  and 
he  hereby  is  empowered  to  nominate,  and  by  ct  c 
and  with  the  advice  and  confent  of  the  Senate,  J^ 
to  appoint  fuch  perfon  or  perfons  as  he  may  plied. 
think  proper  for  fupplying  any  vacancy  that 
now  is,  or  may  hereafter  take  place  in  the 
Board  of  Commiilioners  ^  eftablimed  by  an  or- 
dinance of  the  late  Congrefs,  of  the  feventh  of 
May,  one  thoufand  feven  hundred  and  eigh- 
ty-feven,  to  carry  into  effect  the  faid  ordinance 
and  refolutions  of  Congrefs,  for  the  fettlement 
of  accounts  between  the  United  States  and  ill- 
dividual  dates. 


Sec.   2.  And  be  it  further  enafted,  That  the  c 
faid   Board  of  Commiflicners  be,  and   they  te 
hereby  are  empowered  to  appoint  a  chief  clerk, 
and  fuch  other  clerks  as  the  duties  of  their  of- 
fice may  require  ;  and  that  the  pay  of  the  faid 
chief  clerk  be  fix  hundred  dollars  per  annum,  ^r  faV 
and  of  each  ether  clerk  four  hundred  dollars 
per  annum. 

FREDERICK  AUGUSTUS  MUHLENBERG, 
Speaker  of  the  Houfe  of  Reprefentatives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United 
States,  and  Prefident  of  the  Senate. 

APPROVED,  Auguft  the  5th,   1789  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  State*. 


[     30     1 
CHAPTER     VII. 

An  Aft  to  eftablijh  an  Executive  Department y  fa 
be  denominated  the  Department  of  War. 

Seftion  i.   ~OjE  it  enafted  by  the  Senate  and 
JL^    Houfe   of  Reprefentativcs    of 
Sec'ry  for     jfog  United  States  of  America  in  Congrefs  qffem- 
ment  of"1"  bled^  That  there  Jhall  be  an  executive  depart- 
var,  his      merit,  to  be  denominated  the  Department  of 
War  ;  and  that  there  (hall  be  a  principal  offi- 
cer therein,,  to  be  called  the  Secretary  for  the 
Department  of  War,  who  (hall  perform  and 
execute  fuch  duties  as  mall  from  time  to  time 
be  enjoined  on,   or  entrufled  to  him  by  the 
Prefident  of  the  United  States,  agreeably  to 
the  constitution,  relative  to  military  commif- 
iions,  or  to  the  land  or  naval  forces,  mips,  or 
warlike  flores  of  the  United  States,  or  to  fuch 
other  matters  refpedting  military  or  naval   af- 
fairs, as  the  Prefident  of  the  United  States  (hall 
affign  to  the  faid  department,  or  relative  to  the 
granting  of  lands  to  perfons  entitled  thereto, 
for  military  fer vices  rendered  to  the  United 
States,  or  relative  to  Indian  affairs  :  And  fur- 
thermore, that  the  faid  principal  officer  ihall 
conduct  the  bufmefs  of  the  faid  department  in 
fuch  manner,  as  the  Prefident  of  the  United 
States  Ihall  from  time  to  time  order  or  inftrucl. 
Sec.   2.    And  be  it  further  enacled,    That 

Principal         .  n     iV  *       •         -i        r  •  i     i  •     r 

clerk,  his  there  mail  be  in  tne  laid  department,  an  mie- 
d'!t>r*  rior  officer,  to  be  appointed  by  the  faid  prin- 
cipal officer,  to  be  employed  therein  as  he  (hall 
deem  proper,  and  to  be  called  the  chief  clerk 
in  the  department  of  war,  and  who,  whenever 
the  faid  principal  officer  fhall  be  removed  from 
office  by  the  Prefident  of  the  United  States,  or 
in  any  other  cafe  of  vacancy,  fhall  during  fuch 
vacancy,  have  the  charge  and  cuftody  of  all 


C   3'    3 

Records,  bboks  and  papers,  appertaining  to  the 
faid  department. 

Sec.  3.  And  be  It  further  enaftcd,  That  the 
faid  principal  officer,  and  every  other  perfon  °caeth  of  c 
to  be  appointed  or  employed  in  the  faid  de- 
partment, mail,  before  he  enters  on  the  exe- 
cution of  his  office  or  employment,  take  an 
oath  or  affirmation  well  and  faithfully  to  exe- 
cute the  truft  committed  to  him. 

Sec.  4.  And  be  it  further  enacted.  That  the  sec'ry  to 
Secretary  for  the  Department  of  War,  to  be  ap-  ^keac^srgc 
pointed  in  confequence  of  this  acty  lhall  forth-  &^  ofTaV 
with  after  his  appointment,  be  entitled  to  have  department 
the  cuftody  and  charge  of  all    records,  books 
and  papers  in  the  office  of  Secretary  for  the 
Department  of  War,  heretofore  eftablifhed  by 
the  United  States  in  Congrefs  affembled. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Hmfe  ofReprefentat'rves. 

JOHN  ADAMS,    Viee-Prefident  of  the  United 
States,  and  Prefidcnt  of  the  Senate. 

APPROVED,  Auguft  7th,  1789: 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


Recital, 


Governor 
to  make 
communi- 
cation to 
the  Prefi- 
dent  of  the 
United 
States.  , 


Officers, 
how  to  be 
appointed. 


Comtnif- 
fiocc'd  and 

removed. 


C    v    3 

CHAPTER     VIII. 

An  Ad  to  provide  for  the  Government  of  the 
Territory  North-Weft  of  the  River  Ohio. 

WHEREAS  in  order  that  the  ordinance 
of  the  United  States  in  Congrefs  af. 
fembled,  for  the  government  of  the  territory 
north-weft  of  the  river  Ohio  may  continue  to 
have  full  effect,  it  is  requifite  that  certain  pro- 
vifions  mould  be  made,  fo  as  to  adapt  the  fame 
to  the  prefent  conftitution  of  the  United  States: 

Se&ion  i.  Be  it  enacted  by  the  Senate  and 
Houfe  of  Reprefentatives  of  the  United  States  of 
America  in  Congrefs  affembled,  That  in  all  ca- 
fes in  which  by  the  faid  ordinance,  any  infor- 
mation is  to  be  given,  or  communication  made 
by  the  Governor  of  the  faid  territory  to  the 
United  States  in  Congrefs  affembled,  or  to  any 
of  their  officers,  it  mall  be  the  duty  of  the 
faid  Governor  to  give  fuch  information  and 
to  make  fuch  communication  to  the  Prefident 
of  the  United  States ;  and  the  Prefident  fhall 
nominate,  and  by  and  with  the  advice  and 
confent  of  the  Senate,  mall  appoint  all  officers 
which  by  the  faid  ordinance  were  to  have  been 
appointed  by  the  United  States  in  Congrefs 
affembled.,  and  all  officers  fo  appointed,  fhall 
be  commiflipned  by  him  :  and  in  all  cafes 
where  the  United  States  in  Congrefs  afTembled, 
might,  by  the  laid  ordinance,  revoke  any  corn- 
million  or  remove  from  any  office,  the  Prefi- 
dent is  hereby  declared  to  have  the  fame  pow- 
ers of  revocation  and  removal. 

Sec.  2.  And  be  it  farther  enabled,  That  in 
cafe  of  the  death,  removal,  refignation,  or  ne- 
ceiTary  abfence  of  the  Governor  of  the  faid  ter- 
ritory, the  Secretary  thereof  fliali  be,  and  he 


C    33    3 

is  hereby  authorifed  and  required  to  execute  Tn  ™r<°s  °* 
all  the  powers,  and  perform  all  the  duties   of  movri,S 
the  Governor,  during  the  vacancy  occafioned  fecretary to 
by  the  ^removal,  resignation  or  neceffary  ab-  p^rf" 
fence  of  the  laid  Governor.'  governor 

during  fu«K 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 

JOHN  ADAMS,  Vice-P reftdent  of  the  United 

Sfafesy  and  Prefident  of  the  Senate* 
APPROVED,  Auguft  the  ;th,  1789: 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


CHAPTER    IX. 

An  Aft  for  the  Eftabltfhment  and  Support  of 
Light-Houfes ,  Beacons,  Buoys9  and  public 
Piers. 

Seftion  I'TJE  //  enacted  by  the  Senate  and 
fj  Houfe  of  Reprefentatives  of  the 
United  States  cf  America  in  Congrefe  ajftmbled^  ^fttr 
That  all  expences  which  fhall  accrue  from  and  £u|i T  ' 
after  the  fifteenth  day  of  Auguft,  one  thoufand  f<ayed  aut 
feven  hundred  and  eighty-nine,  in  the  neceffary  ^  u 
fupport,  maintenance  and  repairs  of  all  light- 
houfes,  beacons,  buoys  and  public  piers,  erec- 
ted, placed,  or  funk  before  the  pairing  of  this 
act,  at  the  entrance  of,  or  within  any  bay,  in- 
let, harbour,  or  port  of  the  United  States,  for 
rendering  the  navigation  thereof  eafy  and  fafe, 
VOL,  I,  E 


C     34     1 


ihall  be  defrayed  out  of  the  treafury  of  the 

provided  a  United    States  :    Provided  ne-verthelefsj   That 

mfde^ith-  none  of  the  laid  expences  fhall  continue  to  be 

iaoneyear.  fo  defrayed  by  the  United  States,  after  the  ex- 

piration of  one  year  from  the  day  aforefaid, 

unlefs  fuch  light-houfes,  beacons,  buoys  and 

public  piers,  iliall  in  the  mean  time  be  ceded 

to,    and  vefted  in  the  United  States,  by  the 

flate  or  flates  refpedively  in  which  the  fame 

may  be,  together  with  the  lands  and  tenements 

thereunto  belonging,  and  together  with  the 

jurif  diction  of  the  fame. 

Light  houfe      5ec>  2<  dad  fo  it  further  enatted..  That  a 

ted  near60"  tfght-houfe  fhall  be  erecled  near  the  entrance 

erTf  ncccakl  °f  t^le  Chefapeake-Bay,  at  fuch  place,  when 

Bay.*1     °  ceded  to  the  United  States  in  manner  aforefaid, 

as  the  Prefident  of  the  United  States  fhall  di- 

red.- 

Sefl.   3.  And  be  it  further  enabled,  That  it 
be  the  duty  of  the  Secretary  of  the  Trea. 
contractor  fury  to  provide  by  contracts,  which  fhall  be 
epSg,    approved  by  the  Prefident  of  the  United  States, 
\«c.  when  for  building  a  light-houfe   near  the  entrance 
ary'    of  Chefapeake-Bay,  and  for  rebuilding   when 
neceflary,  and    keeping   in    good  repair,  the 
light-houfes,  beacons,  buoys,  and  public  piers 
in  the  feveral  Hates,  and  for  furnifhing  the  fame, 
with  all  nee  diary  fupph'es  \  and  alfo  to  agree 
for  the  falaries,  wages,  or  hire  of  the  perfon  or 
perfons  appointed  by  the  Prefident,  for  the  fu- 
perintendance  and  care  of  the  fame. 

Sefl.  4.  And  be  it  further  ena&ed^  That  all 
pilots  to  be  pilots  in  the  bays,  inlets,  rivers,  harbours  and 

regulated       *  PITT-IO  ri     n 

-  ports  or  the  United  States,  mail  continue  to  be 


Iau 


r  of  regulated  in  conformity  with  the  exitting  laws 

llv.-   rcfpec-      p   ,          n  r  .  '  .  .       r      ,  °    ., 

tivs  aatcj.   or  the  Itates   refpeaively  wherein  men  pilots 
may  be,  or  with  fuch  laws  as  the  flates  may 


[    35    ]' 

refpettively  hereafter  enaft  for  the  purpofe,  un- 
til further  legiflative  proviiion  ihall  be  made 
by  Congrefs. 

FREDERICK     UGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 

JOHN  ADAMS,  Vice-Present  of  the  United 
States,  and  Prejldent  of  the  Senate. 

APPROVED,  Augufl  the  yth,  1789  ; 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


CHAPTER     X. 

An  Aft  providing  for  the  Expences  which  may 
attend  Negotiations  or  Treaties  with  the  Indian 
Tribes,  and  the  Appointment  of  CommiJJion- 
ers  for  managing  the  fame. 

(EXPIRED.} 


CHAPTER     XL 

An  Act  for  regiftering  and  clearing  VeJ/els,  re- 
gulating the  Coajling  Trade ,  and  for  other 
Purpofes. 

(REPEALED.} 


C   3*   ] 

CHAPTER    XII. 

An  Aft  to  c/lablifh  tls  Treafury  Department. 

Section  i.  TQE  &  cnafled  by  the  Senate  and 

JO  Houfe  of  Reprcfentatives  of  the 

Depart-      United  States  of  America  in  Congrcfs  affcmbleda 

?a!ed defl2"  That  there  ^ali  be  a  department  of  Treafiiry, 
in  which  mall  be  thefollowing  officers,  namely  5 
a  Secretary  of  the  Treafiiry,  to  be  deemed  head 
of  the  department ;  a  Comptroller,  an  Audi- 
officers      tor>  a  Treafurer,  a  Regifter,  and  an  Affiflant 
therein,,      to  the  Secretary  of  theT reaiury,  which  Afiiflant 
fhall  be  appointed  by  the  faid  Secretary. 

Sec.  2.  "And  be  it  further  encfted,  That  it 

t^fecret-  flia11  be  ^he  dutY  of  the  Secretary  of  the  Trca- 
ry.  fury  to  digefl  and  prepare  plans  for  the  improve- 

ment and  management  of  the  revenue,  and  for 
the  fupport  of  public  credit ;  to  prepare  and 
report  eftimates  of  the  public  revenue,  and  the 
public  expenditures ;  to  fuperintend  the  collec- 
tion of  the  revenue  ;  to  decide  on  the  forms  of 
keeping  and  Hating  accounts  and  making  re- 
turns, and  to  grant  under  the  limitations  here- 
in eftablifhed,  or  to  be  hereafter  provided,  all 
warrants  fcr  monies  to  be  ifiued  from  the  Trca- 
fury,  in  purfuance  of  appropriations  by  law  ; 
to  execute  fuch  fervices  relative  to  the  fale  of 
the  lauds  belonging  to  the  United  States,  as 
may  be  by  law  required  of  him  :  to  make  re- 
pert,  and  give  information  to  either  branch  of 
the  Legiilature,  in  perfbn  or  in  writing  (?,s  he 
may  be  required,)  refpecling  all  matters  refer- 
red to  him  by  the  Senate  or  Houfe  of  Repre- 
fentatives,  or  which  fhaii  appertain  to  his  office ; 
and  generally  to  perform  all  fuch  fervices  re- 
lative to  the  finances,  as  he  fhall  be  directed  to 
perform. 


C    37    ] 

Sec.  3.  And  be  if  furtier  matted,  That  it 
jhall  be  the  duty  of  the  Comptroller  to  fuper^ 
intend  the  adjuftment  and  prefervation  of  the 
public  accounts ;  to  examine  all  accounts  fettled 
by  the  Auditor,  and  certify  the  balances  arifmg 
thereon  to  the   Regifter  ;   to  counterfoil  all 
•warrants  drawn  by  the  Secretary  of  the  Trea- 
fury, which  {hall  be  warranted  by  law  ;  to  re- 
port to  the  Secretary  the  official  form 
papers  to  be  ifiued  in  the  different  offk 
collecting  the  public  revenue,  and  ihs  nianr 
and  form  of  keeping  and  flaring  the  accounts  il 
the  feveral  perfons  employed  therein  :  He  fl 
moreover  provide  for  the  regular  and  punctual 
payment  of  all  monies  which  maybe  collecled, 
and  mail  direcl  profecutions  for  all  delinquen- 
cies of  officers  of  the  revenue,  and  fov  dfcl  's 
.  that  are,  or  fhall  be  due  to  the  United  States. 

Sec.   4.  And  be  It  furtfar  ensued,  Thut  it  of  the 
(hall  be  the  duty  of  the  T  rafurer  to  receive  tn 
and  keep  the  monies  of  the  United  States,  and 
»o  dUburfe  the  fame  up  0:1  warrants  drawn  by 
the  Secretary  of  the  Treaftrry,  ud 

by  the  Comptroller,  recorded  by  :he  Ile^iftcr, 
and  not  otherwise  ;  he  fhall  talie  receipts  for 
all  monies  paid  by  him,  and  nil  receipts  for 
monies  received  by  him,  fell  be  endorsed  up- 
on warrants  figned  by  the  Sscre*  a 
jury,  without  which  warrant  io  ii^necK  no  ac- 
knowledgment for  money  received  into  rl 
public  treafury  fhall  be  valid.     And  the  faid 
Trenfurer  fhall  render  his  accounts  to  the  C'^:np- 
troller  quarterly  (or  oftcner  if  reqr  -.^.d 

fhall  tranfmit  a  copy  thereof,  v  'led,  to 

the  Secretary  of  the  treafury.  lie  ^-all  ?)vreo- 
vcr,  on  the  third  dav  c-  6ifi  of  Cou- 

grefs,  lay  before  the  Senate  and  Hov.  c  of  Ile- 
prefentatives,  fair  and  ^ccuralc  colics  of  all 


C   38    ] 

Duties  o.f  accounts  by  him  from  time  to  time  rendered 
the  treafu-  ^  an^  fettled  with  the  Comptroller  as  afore- 
faid,  as  alfo,  a  true  and  perfect  account  of  the 
(late  of  the  treafury.  He  mail  at  all  times  fub- 
mit  to  the  Secretary  of  the  Treafury,  and  the 
Comptroller,  or  either  of  them,  the  infpection 
of  the  monies  in  his  hands  ;  and  mall,  prior 
to  the  entering  upon  the  dudes  of  his  office, 
give  bond,  with  fufficient  fureties,  to  be  approv- 
ed by  the  Secretary  of  the  Treafury  and  Comp- 
troller, in  the  fum  of  one  hundred  and  fifty 
thoufand  dollars,  payable  to  the  United  States, 
with  condition  for  the  faithful  performance  of 
the  duties  of  his  office,  and  for  the  fidelity  of 
the  perfons  to  be  by  him  employed,  which 
bond  mall  be  lodged  in  the  office  of  the  Comp- 
troller of  the  Treafury  of  the  United  States, 
oftheau-  Sec.  5.  And  be  it  further  enabled ^  That  it 
ditor.  jj^H  be  the  duty  of  the  Auditor  to  receive  all 
public  accounts,  and  after  examination  to  cer- 
tify the  balance,  and  tranfmit  the  accounts 
with  the  vouchers  and  certificate  to  the  Comp- 
troller for  his  decifion  thereon :  Provided^ 
That  if  any  perfon  whofe  account  mall  be  fo 
audited,  be  dilfatisried  therewith,  he  may  with- 
in fix  months  appeal  to  the  Comptroller 
againfl  fuch  fettlement. 

of  the  re*  Sec.  6.  And  be  it  further  cnafted.  That  it 
lpfter'  fliall  be  the  duty  of  the  Regifler  to  keep  all  ac- 
counts of  the  receipts  and  expenditures  of  the 
public  money,  and  of  all  debts  due  to  or  from 
the  United  States ;  to  receive  from  the  Comp- 
troller the  accounts  which  mail  have  been  fi- 
nally adjufted,  and  to  preferve  fuch  accounts 
with  their  vouchers  and  certificates :  to  record 
all  warrants  for  the  receipt  or  payment  of  mo- 
nies at  the  treafury,  certify  the  fame  thereon^ 


[    39    ] 

and  to  tranfmit  to  the  Secretary  of  the  Trea- 
fury,  copies  of  the  certificates  of  balances  of  ac- 
counts adjufted  as  is  herein  directed. 

Sec.  7.    And  be  it  further   enacted,  That  ?ecretery 
whenever  the  Secretary  mall  be  removed  from  :<.;iuv  <.d',ur 
office  by  the  Prefident  of  the  United  States,  or  J^;^ 
in  any  other   cafe  of  vacancy  in  the  office  of  tan;  to  have 
Secretary,  the  afliftant  mall,  during  the  vacan-  JJ^S^ 
cy,  have  the  charge  and  cuftody  of  the  re- 
cords, books,  and  papers  appertaining  to  the 
faid  office. 

Sec.  8.  And  be  it  further  enabled,  That  no  Pcrfongap_ 
perfon  appointed  to  any  office  inftituted  by  pointed  to 
this  aft,  fhall  direftly  or  indirectly  be  concern-  J^^gf" 
ed  or  interefted  in  carrying  on  the  bufmefs  of 
trade  or  commerce,  or  be  owner  in  whole  or 
in  part  of  any  fea  veflel,  or  purchafe  by  him-  prohibition 
felf,  or  another  in  truft  for  him,  public  lands  u?oa* 
or  any  other  public  property,  or  be  concerned 
in  the  purchafe  or  difpofal  of  any  public  fecu- 
rities  of  any  ftate,  or  of  the  United  States,  or 
take  or  apply  to  his  own  ufe,  any  emolument 
or  gain  for  negociating  or  tranfafting  any  bu- 
fmeis  in  the  faid  department,  other  than  what  ty 
mall  be  allowed  by  law;  and  if  any  perfon  l)'r(ath 
fnall  offend  agamfl  any  of  the  prohibitions  of  l 
this  acl,  he  fhall  be  deemed  guilty  of  a  high 
mifdemeanor,  and  forfeit  to  the  United  States 
the  penalty  of  three  thoufand  dollars,  and  (hall 
upon  conviction  be  removed  from  office,  and 
forever  thereafter  incapable  of  holding  any  of- 
fice under  the  United  States :  Provided,  That 
if  any  other  perfon  than  a  public  profecutor 
frail  give  information  of  any  fuch  offence,  up- 
on which  a  profecution  and  conviction  mail 
be  had,  one  half  the  aforefaid  penalty  of  three 


r  40  i 

thoufand  dollars,  when  recovered,  mall  be  for 
the  uie  of  the  peribn  giving  iuch  information. 
FREDFPxlCK  AUGUSTUS  MUHLENPERG, 
Speaker  of  the  H-oufe  of  Rcprefsnt  allies. 
JOHN  ADAMS,  Vice-P  refident  of  the  United 
States,  and  P refident  of  the  Senate. 
APPROVED,  September  the  sd,  1789: 

GEORGE  WASHINGTON, 
P  refident  of  the  United  States. 


Annual 
lams  ci 

blifllbie 


ai 


CHAPTER     XIII. 

An  Ad  for  efmbii/hing  the  Salaries  cftheExeeu* 
five  Officers  of  Government,  with  their  AJ/ij~- 
tants  and  Clerks. 

Seclion  i.  "O  E  it  enafiedby  the  Senate  and 

-  -O  Houfe  rf  Reprefentatives  of  the 

-  United  States  of  America  in  Congrefs  qffembfedj 

That  there  fiial1  be  allowed  to  the  Officers  here- 
;  after  mentioned,  the  following  annual  falaries, 
payable  quarterly  at  the  treafury  of  the  United 
States:  To  the  Secretary  of  the  Treafury,  three 
thoufand  five  hundred  dollars  :  To  the  Secre- 
tary in  the  department  of  ftate,  three  thoufand 
five  hundred  dollars  :  To  the  Secretary  in  the 
department  of  war,  three  thoufand  dollars  :  To 
the  Comptroller  of  the  treafury,  two  thoufand 
dollars  :  To  the  Auditor,  fifteen  hundred  dol- 
lars :  To  the  Treafurer,  two  thoufand  dollars  : 
To  the  Regifler,  twelve  hundred  and  fifty  dol- 
lars: To  the  Governor  of  the  weftern  territory, 
for  his  falary  as  fuch,  and  for  difcharging  the 
duties  of  fuperintendant  of  Indian  affairs  in  the 
northern  department,  two  thoufand  dollars  : 
To  the  three  judges  of  the  v/eftern  territory,  eacli 


t    4i    1 

eight  hundred  dollars:  TotheafliftantoftheSe* 
cretaryof  the  Treafury,  fifteen  hundred  dollars! 
To  the  chief  clerk  in  the  department  of  (late, 
eight  hundred  dollars  :  To  the  chief  clerk  in 
the  department  of  war,  fix  hundred  dollars  s 
To  the  Secretary  of  the  weftern  territory,  feven 
hundred  and  fifty  dollars :  To  the  principal 
clerk  of  the  Comptroller,  eight  hundred  dollars : 
To  the  principal  clerk  of  the  Auditor,  fix  hun- 
dred dollars:  To  the  principal  clerk  of  the  Trea- 
furer,  fix  hundred  dollars. 

Sec.  2.  And  be  it  further  enatted^  That  the  Heads  of 
heads  of  the  three  departments  firft  above  men-  J*j£"to 
tioned,  mail  appoint  fuch  clerks  therein  refpec-  appoint 
tively  as  they  mail  find  neceflary  ;  and  the  fala-  ckl 
ry  of  the  faid  clerks  refpeclively  mail  not  exceed  thc;r 
the  rate  of  five  hundred  dollars  per  annum.        rics» 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  ofths  Houfe  of  Rcprefentatives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United 
States,  and  Prefident  of  the  Senate. 

Approved,  September  the  i  ith,  1789: 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


CHAPTER     XIV. 

An  Aft  to  provide  for  the  Safe-keeping  of  the 
Aft s<>  Records,  and  Seal  of  the  United  States, 
and  for  other  Purpofes-. 

Seftion  i.  TVE  //  enacted  by  'the  Senate  and 

JO  H  nfe  of  Reprefentatives  of  the 

United  States  of  America  in  Congrefs  qffembled, 

That  the  Executive  Department,  denominated 

VOL.  L  F 


[     42     ] 

-  the  Department  of  Foreign  Affairs,  mall  here- 
reign  affairs  after  be  denominated  the  Department  of  State* 
and  the  Prmcipal  officer  therein  fhall  hereafter 
of     be  called  the  Secretary  of  State. 

Sec.  2.  And  be  it further  ena 'fled,  That  when* 
ever  a  bill,  order,  refolution  or  vote  of  the  Se- 
Additionai  nate  and  Houfe  of  Reprefentatives,  having  been 
d  the  approved  and  figned  by  the  Prefident  of  the 
tary  of  United  States,  or  not  having  been  returned  by 
him  with  his  objections,  mail  become  a  law,  or 
take  effeft,  it  fhall  forthwith  thereafter  be  re- 
ceived by  the  faid  Secretary  from  the  Prefident: 
and  whene\^er  a  bill,  order,  refolution  or  vote, 
fhall  be  returned  by  the  Prefident  with  his  ob- 
jections, and  fhall,  on  being  reconfidered,  be 
agreed  to  be  patted,  and  be  approved  by  two- 
thirds  of  both  Houfes  of  Congrefs,  and  thereby 
become  a  law  or  take  effecl:,  it  mall,  in  fuch 
cafe,  be  received  by  the  faid  Secretary  from  the 
Prefident  of  the  Senate,  or  the  Speaker  of  the 
Houfe  of  Reprefentatives, in  whichfoever  Houfe 
it  fhall  lafl  have  been  fo  approved  ;  and  the  faid 
Secretary  fhall,  as  foon  as  conveniently  may  be, 
after  he  fhall  receive  the  fame,  caufe  every  fucli 
law,  order,  refolution,  and  vote,  to  be  publi/h- 
ed  in  at  leaft  three  of  the  public  newfpapers 
printed  within  the  United  States,  and  fhall  alfo 
caufe  one  printed  copy  to  be  delivered  to  each 
Senator  and  Reprefentativeof  the  United  States, 
and  two  printed  copies  duly  authenticated  to 
be  fent  to  the  executive  authority  of  each  ftate  ; 
and  he  fhall  carefully  preferve  the  originals, 
and  fhall  caufe  the  fame  to  be  recorded  in  books 
to  be  provided  for  the  purpofe. 

Sec.  3.  And  be  it  further  enabled.  That  the 
Seal  of  the  feal  heretofore  ufed  by  the  United  States  in 
Congrefs  afiembled,  fhall  be  and  hereby  is  de- 
clared to  be  the  feal  of  the  United  States. 


C    43     ] 

Sec.  4.  And  be  it  further  enabled,  That  the 
laid  Secretary  (hall  keep  the  faid  leal,  and  mall  fix  the  fc*i 
make  out  and  record,  and  fhall  affix  the  faid  ^ 
feal  to  all  civil  commiffions,  to  officers  of  the  lions. 
United  States,  to  be  appointed  by  the  Prefident 
by  and  with  the  advice  and  confent  of  the  Se- 
nate, or  by  the  Prefident  alone.  Provided,  That 
the  faid  feal  fhall  not  be  affixed  to  any  coiri- 
miflion,  before  the  fame  fhall  have  been  figned 
by  the  Prefident  of  the  United  States,  nor  to 
any  other  inftrument  or  act,  without  the  fpeci- 
al  warrant  of  the  Prefident  therefor. 

Sec.  5.  And  be  it  further  cnafted,  That  tlie 
faid  Secretary  fhall  caufe  a  feal  of  office  to  be 
made  for  the  faid  department,  of  fuch  device  as 
the  Prefident  of  the  United  States  (hall  approve, 
and  aH  copies  of  records  and  papers  in  the  faid 
office,  authenticated  under  the  faid  feal,  fhall 
be  evidence  equally  as  the  original  record  or 
paper. 

Sec.  6.  And  be  it  further  enafted,  That  there  £"s<^°bf; 
fhall  be  paid  to  the  Secretary,  for  the  ufe  of  the  paidforthe 
United  States,  the  following  fees  of  office,  by  ^.^  the 
the  perfons  requiring  the  fervices  to  be  per-  states, 
formed,  except  when  they  are  performed  for 
any  officer  of  the  United  States,  in  a  matter 
relating  to  the  duties  of  his  office,  to  wit :  For 
making  out  and  authenticating  copies  of  records, 
ten  cents  for  each  meet,  containing  one  hun- 
dred words  ;  for  authenticating  a  copy  of  a  re- 
cord or  paper  under  the  feal  of  office,  twenty- 
five  cents. 

Sec.  7.  And  be  it  further  cnaBed^  That  the  secretary  to 
faid  Secretary  fhall  forthwith  after  his  appoint-  ^™^°rl 
ment,be  entitled  to  havethe  cuftody  and  charge  &c.  of  late 
of  the  faid  feal  of  the  'United  States,  and  alfo  Con2ref 
of  all  books,  records  and  papers,  remaining  in 
the  office  of  the  late  Secretary  of  the  United 


[     44     1 

States  in  Congrefs  affembled  ;  and  fuch  of  the 
laid  books,  records  and  papers,  as  may  apper- 
tain to  the  trealury  department,  or  war  depart- 
ment, fhali  be  delivered  over  to  the  principal 
officers  in  the  faid  departments  refpectively,  as 
the  Prefident  of  the  United  States  mall  direft. 

FREDERICK  AUGUSTUS  MUHLENBERG' 

Speaker  of  the  Houfe.  of  Rcprefcntatives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United 
States,  and  Preftdent  of  the  Senate. 

Approved,  September  the  i5th,  1789  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


C  II  AFTER     XV. 

An  Aft  tofufpend  Part  of  an  Aft,  entitled,  "An 
Aft  to  regulate  the  Collection  of  the  Duties  im- 
fofed  by  Law  on  the  Tonnage  of  Ships  or  Vef- 
fels,  and  on  Goods,  Wares,  and  Merchandizes^ 
imported  into  the  United  States +'  and  for  other 
Purpofes. 

(EXPIRED.) 


CHAPTER     XVI. 

An  Aft  for  the  temporary  Eftablijhmcni  <f  t he 
Pqft-Office. 

(EXPIRED.) 


L     45     3 
CHAPTER     XVII. 

An  Aft  for  allowing  Compensation  to  the  Members 
of  the  Senate  arid  Houfe  of  Representatives  of 
the  United  States,  and  to  the  Officers  vf  both 
Hcufes. 


CHAPTER     XVIIL 

An  Acl  for  allowing  certain  Compcnfation  to  the 
Judges  of  the  Supreme  and  other  Courts,  and 
to  the  Attorney-General  rfthe  United  States. 

Sedion  i.  TIE  it  enacted  by  the  Senate  and  S.MT-IC?  of 
j[j  Houfe  of  Reprefentat'rces  cf  the  chief  5uf- 
United  States  of  America  in  Congrefs  ajfembled,  23^" 
That  there  (hall  be  allowed  to  the  judges  of  the  prem 
fupreme  and  other  courts  of  the  United  States,     * 
the  yearly  compenfations  herein  after  mention- 
ed, to  wit ;  to  the  chief  juftice,  four  thoufand 
dollars  ;  to  each  of  the  juflices  of  the  fupreme 
court,  three  thoufand  five  hundred  dollars  ;  to 
the  judge  of  the  diilricl  of  Maine,  one  thoufand 
dollars ;  to  the  judge  of  the  diftricl:  of  New- 
Hainpfhire,  one  thoufand  dollars  ;  to  the  judge 
of  the  diftricl:  of  Mafiachufctts,  twelve  hundred 
dollars  ;  to  the  judge  of  the  diftiift  of  Con- 
ne&icut,  one  thoufand  dollars  ;  to  the  judge  of 
the  diilricl:  of  New- York,  fifteen  hundred  dol- 
lars; to  the  judge  of  the  diilricl:  of  Nc\v- Jerfey, 
one  thoufand  dollars ;  to  the  judge  of  the  diftricl: 
of  Pennfylvania,  fixteen  hundred  dollars  ;   to 
the  judge  of  the  diflricl:  of  Delaware,  eight  hun- 
dred dollars  ;  to  the  judge  of  the  diftricl:  of 
Maryland,  fifteen  hundred  dollars ;  to  the  judge 
of  the  diflrift  of  Virginia,  eighteen  hundred  del-' 


C   46   ] 

lars;  to  the  judge  of  the  diftrift  of  Kentucky,  ©ne 
thoufand  dollars ;  to  the  judge  of  the  diftrift 
of  South-Carolina,  eighteen  hundred  dollars  ; 
to  the  judge  of  the  diilrift  of  Georgia,  fifteen 
hundred  dollars ;  and  to  the  attorney-general 
of  the  United  States,  fifteen  hundred  dollars  ^ 
which  compenfations  fhall  commence  from  their 
refpe&ive  appointments,  and  be  paid  at  the 
treafury  of  the  United  States  in  quarterly  pay- 
ments. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United  State^ 
and  Prefident  of  the  Senate. 

Approved,  September  the  23d,  1789  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


CHAPTER     XIX. 

An  Ad  for  allowing  a  Compcnfatlon  to  the  Pre- 
fident and  Vice-Prefident  of  the  United  States. 

Section  i.  TJE  it  enacledby  the  Senate  and 
JLJ  Houfc  of  Reprefeniati'ves  of  the 
United  States  of  America  in  Congrcfs  a/embled, 
of  the  That  there  fiall  be  allowed  to  the  Prefident  of 
S'  tlle  United  States,   at  the  rate  of  twenty-five 
tu>«to,com-  thoufand  dollars,  with  the  ufe  of  the  furniture 

S;  and  how  and  other  efefts5  now  in  his  po^ffion,  belong- 
ing  to  the  United  States  ;  and  to  the  Vice-Pre- 
fident,  at  the  rate  of  five  thoufand  dollars  per 
annum,  in  full  compenfation  for  their  refpec- 
tive  fervices,  to  commence  with  the  time  of 
their  entering  on  the  dudes  of  their  offices  ref- 


[47     3 

pe&ively,  and  to  continue  fo  long  as  they  (hall 
remain  in  office,  and  to  be  paid  quarterly  out 
of  the  treafury  of  the  United  States. 
FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentc.tt  i c s 
JOHN  ADAMS,  Vice-Prefident  of  the  United  Siates, 
and  Preftdent  of  the  Senate-. 

Approved,  September  the  24th,  1789  : 

GEORGE  WASHINGTON, 

Prrfidtnt  of  the  United  States. 


CHAPTER     XX. 

An  Att  to  eftablifo  the  Judicial  Courts  of  the 
United  States. 

Seftion  i.  T>  E  it  enacled  by  the  Senate  and 
JL)  Houfe  of  Reprefentatives  of  the 
United  States  of  America  in  Congrefs  ajfembled^ 
That  the  fupreme  court  of  the  United  States  jufHce,  five 
fliall  confift  of  a  chief  juftice  and  five  afibciate  al 
juflices,  any  four  of  whom  fhall  be  a  quorum, 
and  (hall  hold  annually  at  the  feat  of  govern- 
ment two  feflions,  the  one  commencing  the  firft 
Monday  of  February,  and  the  other  the  firfl  iy. 
Monday  of  Auguft.  That  the  aflbciate  juilices 
fhall  have  precedence  according  to  the  date  of 
their  commiffions,  or  when  the  commiiRons  of 
two  or  more  of  them  bear  date  on  the  fame  day, 
according  to  their  refpedive  ages. 

Sec~l.  1.  And  be  it  further  enacted,  That  the  Thirteen 
United  States  (hall  be,  and  they  hereby  are  di-  diaruis. 
vided  into  thirteen  diftricls,  to  be  limited  and 
called  as  follows,  to  wit ;  one  to  coniiit  of  that 
part  of  the  ftate  of  Maflachuietts  which  lies 
eaiterly  of  the  ftate  of  New-Hainpfhire,  and  to 


t  48  ] 

be  called  Main  Diflricl  ;  or>e  to  confifi  of  the 
(late  of  New-Hampfhire,  and  to  be  called  New- 
Hampfhire  Diflricl ;  one  to  confifi  of  the  re- 
maining part  of  the  ftate  of  MafTachufetts,  and 
to  be  called  Mafiachufetts  Diflricl  ;  one  to 
confifi  of  the  ftate  of  Connecticut,  and  to  be 
called  Connecticut  Diflricl ;  one  to  confifi  of 
the  flate  of  New-York,  and  to  be  called  New- 
York  Diflricl ;  ^  one  to  confifi  of  the  ftate  of 
New-Jerfey,  and  to  be  called  New-Jerfey  Dif- 
tricl ;  one  to  confifi  of  the  flate  of  Pennfylva- 
Thcir  dhi-  nia,  and  to  be  called  Pennfylvania  Diflricl:;  one 
to  confifi  of  the  flate  of  Delaware,  and  to 
be  called  Delaware  Diflricl ;  one  to  confifi  of 
the  flate  of  Maryland,  and  to  be  called  Mary- 
land Diflricl ;  one  to  confifi  of  the  flate  of 
Virginia,  except  that  part  called  the  Diflricl  of 
Kentucky,  and  to  be  called  Virginia  Diflricl ; 
one  to  confifi  of  the  remaining  part  of  the  flate 
of  Virginia,  and  to  be  called  Kentucky  Diflricl; 
one  to  confifi  of  the  flate  of  South-Carolina, 
and  to  be  called  the  South-Carolina  Diflricl ; 
and  one  to  confifi  of  the  ftate  of  Georgia,  and 
to  be  called  Georgia  Diflricl. 

Sec.  3.  And  be  it  further  enaBed^  That  there 
be  a  court  called  a  Diflricl  Court,  in  each  of 
A  diftri<a   the  aforementioned  diflricls,  to  confifi  of  one 
each  diftrict  judge,  who  mail  refide  in  the  diflricl  for  which 
he  is  appointed,  and  mail  be  called  a  Diflricl 
Judge,  and  mail  hold  annually  four  feflions,  the 
^annual-  ir^  °f  which  to  commence  as  follows,  to  wit ; 
iv  i«  a'dif-  in  the  diflricls  of  New- York  and  of  New-Jerfey 
1m?  when  on  ^  &Y&)  'm  ^Q  diftricl  of  Pennfylvania  on 
held.          the  fecond,  in  the  diilricl   of  Connecticut  on 
the  third,  and  in  the  diflricl  of  Delaware  on  the 
fourth  Tuefdays  of  November  next;  in  the  dif- 
tricls  of  Mafiachufetts,  of  Main,  and  of  Mary- 
land, on  the  fail ;  in  the  diflricl  of  Georgia, 


I     49     J 

on  the  fecond,  and  in  the  diftrifts  of  New* 
Hampfhire,  of  Virginia,  and  of  Kentucky,  oii 
the  third  Tuefdays  of  December  next ;  and  the 
other  three  feflions  progreffively  in  the  refpec- 
tive  diftrifts  on  the  like  Tuefdays  of  every  third 
calendar  month  afterwards,  and  in  the  diftricl: 
of  South-Carolina,  on  the  third  Monday  in 
March  and  September,  the  firft  Monday  in 
July,  and  the  fecond  Monday  of  December  of 
each  and  every  year,  commencing  in  December 
next ;  and  that  the  diftricl:  judge  (hall  have  pow-  Specfai 
er  to  hold  fpecial  courts  at  his  difcretion.  That 
the  ftated  diftricl:  court  (hall  be  held  at  the  places 
following,  to  wit,  in  the  diftricl;  of  Main,  at 
Portland  and  Pownalborough  alternately,  be- 
ginning at  the  firfl ;  in  the  diftricl:  of  New- 
Hampihire,  at  Exeter  and  Portfmouth  alter- 
nately, beginning  at  the  firft  ;  in  the  diftricl:  of 
MafFachufetts,  at  Bofton  and  Salem  alternately* 
beginning  at  the  firft  ;  in  the  diftricl:  of  Con- 
necticut, alternately  at  Hartford  and  New-Ha- 
ven>  beginning  at  the  firft ;  in  the  diftricl:  of 
New-York,  at  New- York  ;  in  the  diftricl  of 
New-Jerfey,  alternately  at  New-Brunfwick  and 
Burlington,  beginning  at  the  firft  ;  in  the  dif~ 
tricl  of  Pennfylvania,  at  Philadelphia  and  York- 
Town  alternately,  beginning  at  the  firft  ;  in  the 
diftricl  of  Delaware,  alternately  at  Newcaftle 
and  Dover,  beginning  at  the  firft  ;  in  the  dif- 
tricl of  Maryland,  alternately  at  Baltimore  and 
Eafton,  beginning  at  the  firft  ;  in  the  diftricl: 
of  Virginia,  alternately  at  Richmond  and  Wil- 
liamfourgh,  beginning  at  the  firft  ;  in  the  dif- 
tricl: of  Kentucky,  at  Harrodfburgh  ;  in  the 
diftricl  of  South- Carolina,  at  Charlefton  ;  and 
in  the  diftricl:  of  Georgia,  alternately  at  Savan- 
hah  and  Augufta,  beginning  at  the  firft ;  and 
that  the  fpecial  courts  mail  be  held  at  the  fame 
VOL.  I.  G 


[     5o    3 

place  in  each  diilricc  as  the  ftated  courts,  or  itf 

diflricts  that  have  two,  at  either  of  them,  in  the 

difcretion  of  the  judge,  or  at  fuch  other  place 

in  the  diflrict,  as  the  nature  of  the  bufmefs  and 

his  difcretion  (hall  direct.     And  that  in  the  dif- 

tricts  that  have  but  one  place  for  holding  the 

where  re-  diflrict  court,  the  records  thereof  (hall  be  kept 

cords  kept.  at  that  pkce  ;  and  in  diflricts  that  have  two,  at 

that  place  in  each  diflrict  which  the  judge  fhall 

appoint. 

Three  cir-      Sec.  4.  And  be  it  further  enafted,  That  the 

cmts,&how  f      r  ...    ,.n    .M  i      f       r-Ti/r    • 

divided,  before-mentioned  diftncrs,  except  thoie  or  Mam 
and  Kentucky,  fhall  be  dividedinto  three  circuits, 
and  be  called  the  eaflern,  the  middle  and  the 
fouthern  circuit.  That  the  eaflern  circuit  fhall 
confifl  of  the  diflricts  of  New-Hampfhire,  Maf- 
fachufetts,  Connecticut  and  New-York ;  that 
the  middle  circuit  fhall  confifl  of  the  diflricts  of 
New- Jerfey,Pennfylvania5  Delaware,  Maryland 
and  Virginia ;  and  that  the  fouthern  circuit 
fhall  confifl  of  the  diflricts  of  South-Carolina 
and  Georgia,  and  that  there  fhall  be  held  an- 
nually in  each  diflricl  of  faid  circuits,  two  courts 
which  fnall  be  called  circuit  courts,  and  fliall  con- 
fifl of  any  two  juflices  of  the  fupreme  court,  and 
the  diflrid  judge  of  fuch  diflricls,  any  two  of 
whom  fhall  conflitute  a  quorum  :  ProTided^ 
That  no  diftrict  judge  fhall  give  a  vote  in  any 
cafe  of  appeal  or  error  from  his  own  decifion  ; 
but  may  affign  the  reafons  of  fuch  his  decifion* 
Sec.  5.  And  be  it  further  enacted \  That  thp 
c/the  cir"  foft  fefTion  of  the  faid  circuit  court  in  the  feve- 
cuit  courts,  ral  diflricts  mail  commence  at  the  times  follow- 
ing, to  wit;  in  New-Jerfey  on  the  fecond,  in 
New- York  on  the  fourth,  in  Pennfylvania  on 
the  eleventh,  in  Connecticut  on  the  twenty-fe- 
cond,  and  in  Delaware  on  the  twenty-feventh 
days  of  April  next*;  in  MafTachufetts  on  tlic 


C     5'     1 

third,  in  Maryland  on  the  feventh,  in  South-  Rrfl  fclTlOT 
Carolina  on  the  twelfth,  in  Nevv-Hampfhire  on  of -the  dr- 
the  twentieth,  in  Virginia  on  the  twenty-fecond, cuit  courts- 
and  in  Georgia  on  the  twenty-eighth  days  of 
May  next,  and  the  fubfequent  feflions  in  the 
refpective  diftricts  on  the  like  days  of  every  fixth 
calendar  month  afterwards,  except  in  South- 
Carolina,  where  the  feflion  of  the  faid  court 
;fhall  commence  on  the  firft,  and  in  Georgia 
•whereat  fhall  commence  on  thefeventeenth  day  of 
October,  and  except  when  any  of  thofe  days 
fhall  happen  on  a  Sunday,  and  then  the  feflion 
fhall  commence  on  the  next  day  following.  And 
the  feiiions  of  the  faid  circuit  court  fhall  be  held 
in  thediftrict  of  New-Hampfhire,  at  Portfmouth 
and  Exeter  alternately,  beginning  at  the  firft  ; 
in  the  diftrict  of  Mailachufetts,  at  Bofton  ;  in 
the  diftrid  of  Connecticut,  alternately  at  Hart- 
ford and  New-Haven,  beginning  at  the  laft  ;  in> 
the  diftrict  of  New- York,  alternately  at  New- 
York  and  Albany,  beginning  at  the  firft  ;  in 
the  diftrict  of  New- Jerfey ,  at  Trenton ;  in  the 
diftricl  of  Pennfylvania,  alternately  at  Philadel- 
phia and  York-Town,  beginning  at  the  firft  ; 
in  the  diftricl  of  Delaware,  alternately  at  New- 
caftle  and  Dover,  beginning  at  the  firft  ;  in  the 
diftrict  of  Maryland,  alternately  at  Annapolis 
and  Eafton,  beginning  at  the  firft  ;  in  the  dif- 
tricl of  Virginia,  alternately  at  Charlottefville 
and  Williamfburgh,  beginning  at  the  firft  ;  in 
the  diftricl:  of  South-Carolina,  alternately  at 
Columbia  and  Charlefton,  beginning  at  the  firft ; 
and  in  the  diftricl:  of  Georgia,  alternately  at  Sa- 
vannah and  Augufta,  beginning  at  the  firfh 
And  the  circuit  courts  fhall  have  power  to  hold 
fpecial  feflions  for  the  trial  of  criminal  caufes  at 
any  other  time  at  their  difcretion,  or  at  the  dif-  sPecJai  fefr 
cretion  of  the  fupreme  court, 


C    5*    ] 


juflices, 
circuit 
courts   ad' 
jbur^ed, 


ceurts   ad 
•journed. 


Supreme  Sec.  6.  And  be  it  further  enacted^  That  the 
jo°urnedaby  fupreme  court  may,  by  any  one  or  more  of  its 
one  or  more  mfticcs  being  prefent,  be  'adjourned  from  day 

;»A:^C  M  i 

to  day  until  a  quorum  be  convened  ;  and  that 
a  circuit  court  may  alfo  be  adjourned  from  day 
to  day  by  any  one  of  its  judges,  or  if  none  are 
prefent,  by  the  marfhal  of  the  diflricl:  until  a 
quorum  be  convened  ;  and  that  a  diftridt  court 
in  cafe  of  the  inability  of  the  judge  to  attend  at 
the  commencement  of  a  feffion,  may  by  virtue 
of  a  written  order  from  the  faid  judge  directed 
to  the  marfhal  of  the  diftrift,  be  adjourned  by 
the  faid  marfhal  to  fuch  day,  antecedent  to  the 
next  ftated  feffion  of  the  faid  court,  as  in  the 
faid  order  mail  be  appointed,  and  in  cafe  of  the 
death  of  the  laid  judge,  and  his  vacancy  not  be- 
ing fupplied,  all  procefs,  pleadings  and  proceed- 
ings of  what  nature  foever,  pending  before  the 
faid  court,  mall  be  continued  of  courfe  until 
the  next  dated  feffion  after  the  appointment  and 
acceptance  of  the  office  by  his  fucceflbr. 

Sec.  7.  And  be  it  enafted^  That  the  fupreme; 
court,  and  the  diftricl  courts  mall  have  power 
to  appoint  clerks  for  their  refpeclive  courts,  and 
that  the  clerk  for  each  diflrift  court  {hall  be 
clerk  alfo  of  the  circuit  court  in  fuch  Jiflrift, 
and  each  of  the  faid  clerks  mail,  before  he  en- 
ters upon  the  execution  of  his  office,  take  the 
Their  oath  Blowing  path  or  affirmation,  to  wit;  cc  I,  A.  B. 
"  being  appointed  clerk  of  do  folemnly 

"  fwear  or  affirm,  that  I  will  truly  and  faithfully 
"  enter  and  record  all  the  orders,  decrees,  judg-_ 
*'  ments  and  proceedings  of  the  faid  court,  and 
"  that  I  will  faithfully  and  impartially  difcharge 
"  and  perform  all  the  duties  of  my  faid  ofBce, 
"  according  to  the  belt  of  my  abilities  and  un- 
cc  derftandihg.  So  help  me  God."  Which 
wards,  fo  help  me  God,  fhall  be  omitted  in  aH" 


The  courts 
Jiavc  power 
to  appoint 

clerks. 


or  atfirma- 


C     53     ] 

cafes  where  an  affirmation  is  admitted  inftead  of 
tin  oiith.  And  thefaid  clerks  fhall  alfo  feverally 
give  bond  with  fufficient  fureties,  (to  be  approv- 
ed of  by  the  fupreme  and  diftricls  courts  ref- 
pe&ively)  to  the  United  States,  in  the  fum  of 
two  thoufand  dollars,  faithfully  to  difcharge 
the  duties  of  his  office,  and  feafonably  to  record 
the  decrees,  judgments  and  determinations  of 
the  court  of  which  he  is  clerk. 

Sec.  8.  And  be  it  further  enaftcd,  That  the 
juftices  of  the  fupreme  court,  and  the  diitrict 
judges,  before  they  proceed  to  execute  the  du- 
jf  their  refpeftive  offices,  mall  take  the  fol- 
lowing oath  or  affirmation,  to  wit ;  "  I,  A.  B.  0,nh  of 
do  folemnly  fwear  or  affirm,  that  I  will  adminif-  '}]™  ot: 
tc"  j  i>  dice  without  refpecl  to  perfons,  and  do  co,irt 
equal  ri^Iit  LO  the  poor  and  to  the  rich,  and  that  J',1'1 

T^  ,   r   ,,          L  ,     .  .    „  *  the 

I  will  faithrully  and  impartially  difcharge  and  co.:rt. 
perform  all  the  duties  incumbent  on  me  as 
,  according  to  the  bed  of  my  abilities 
and  undemanding,  agreeably  to  the  conilitu- 
ticn  and  la\y&  of  the  IJmted  States.  So  help  me 
God." 

Sec.   9.  And  be  It  fun  her  enafled.  That  the 
dilirifl:  courts  (hall  have,   exclufively  of  the  ^7, ' 
courts  of  the  feveral  dates,  cognizance  of  all 
crimes  and  offences  that  {hall  be  cognizable  nldicbcm- 
under  the  authority  of  the  United  States,  com- 
mitted within  their  refpe6live  diftricis,  or  upon 
the  high  feas ;  where  no  other  piinifhment  than 
whipping,  not  exceeding  thirty  flripes,  a  fine 
not  exceeding  one  hundred  dollars,  or  a  term 

r  .  .r          °  ,.  ~  ,  Onn-!n;ii 

ot  imprilonment  not  exceeding  fix  months,  is  Cog:u 

to  be  inflicted;  and  (hall  alfo  have  exclufive  »« maritime 

.     .         ,  .  -      it        •     M  r  r        i        •       CHi'U-   t\  i,i 

original  cognizance  of  all  civil  caufes  of  aami-  ftj?urc  ,sn. 
ralty  and  maritime  jurifdidion,  includino;  all  <i<*ftei^ 

r  •  ,  ,  J     r     •  n  •  •  oi  ll'c  l  :1?~ 

ieizures  under  laws  or  impolt,  navigation   or  ted  si.-.. 
£rade  of  the  United  States,  where  the  feizurcs 


C     54     ] 

made,  on  waters  which  are  navigable  from 
the  fea  by  vefiels  often  or  more  tons  burthen, 
•  within  their  refpeclive  diftricls  as  well  as  upon 
the  high  feas ;  faving  to  fuiters,  in  all  cafes,  the 
right  of  a  common  law  remedy,  where  the  com- 
mon law  is  competent  to  give  it :  And  fnall  al- 
fo  have  exclufive  original  cognizance  of  all  fei- 
zures  en  land,  or  other  waters  than  as  aforefaid 
made,  and  of  all  fuits  for  penalties  and  forfei- 
tures incurred,  under  the  laws  of  the  United 
States.  And  fnall  alfo  have  cognizance,  con- 
current with  the  courts  of  the  feveral.  Hates,  or 
the  circuit  courts,  as  the  cafe  may  be,  of  all 
caufcs  where  an  alien  fues  for  a  tort  only  in  vio- 
lation of  the  law  of  nations  or  a  treaty  of  the 
jurifdiaion  United  States.  And  (hall  alfo  have  cognizance, 
concurrent  as  lafl  mentioned,  of  all  fuits  at  com- 
mon law  where  the  United  States  me,  and  the 
matter  in  difpute  amounts,  exclufive  of  cofts, 
to  the  fum  or  value  of  one  hundred  dollars. 
And  mall  alfo  have  jurifdiclion  exdufively  of 
the  courts  of  the  feveral  flates,  of  all  fuits  againfl 
confuls  or  vice-confuls,  except  for  offences 
above  the  description  aforefaid.  And  the  trial 
Trial  of  fact  of  iiTues  in  facl,  in  the  diflricls  courts,  in  all 
by  jury,  caufes  except  civil  caufes  of  admiralty  and  ma*, 
ritime  jurifdiclion,  mall  be  by  jury. 

Kentucky  ^ec*  l  °'  ^nc^  ^  ^furt^er  enafted^  That  the. 
"  diftricl  court  in  Kentucky  diflricl  mall,  befides 
the  jurifdiclion  aforefaid,  have  jurifdiclion  of 
all  other  caufes,  except  of  appeals  and  writs, 
of  error,  herein  after  made  cognizable  in  a  cir- 
cuit court,  and  fnall  proceed  therein  in  the  fame 
manner  as  a  circuit  court,  and  writs  of  err6"r 
and  appeals  mall  lie  from  decifions  therein  to 
the  ftipreme  court  in  the  fame  caufes,  as  from 
a  circuit  court  to  the  fupreme  court,  and  under 
the  fame  regulations.  And  the  diflricl  court 


[    55    1 

in  Main  diftrict,  mall  befides  the  jurifdicticri 
herein  before  granted,  have  jurifdiction  of  ail 
caufes,  except  of  appeals  and  writs  of  error 
herein  after  made  cognizable  in  a  circuit  court, 
and  mall  proceed  therein  in  the  fame  manner 
as  a  circuit  court :  And  writs  of  error  (hail  lie 
from  decifions  therein  to  the  circuit  court  in 
the  diftrift  of  MafTachufetts  in  the  fame  man- 
ner as  from  other  diftrict  courts  to  their  refpec- 
tive  circuit  courts. 

Sec.  ii.  And  be  it  f unformatted,  That  the 
circuit  courts  mall  have  original  cognizance,  ginai  cog*, 
concurrent  with  the  courts  of  the  feveral  dates,  nizancc- 
of  all  fuits  of  a  civil  nature  at  common  law  or 
in  equity,  where  the  matter  in  difpute  exceeds, 
exclufive  of  cofls,  the  fum  or  value  of  five  hun- 
dred dollars,  and  the  United  States  are  plain- 
tiffs, or  petitioners ;  or  an  alien  is  a  party,  or 
the  fuit  is  between  a  citizen  of  the  (late  where 
the  fuit  is  brought,  and  a  citizen  of  another 
{late.  And  mail  have  exclufive  cognizance  of 
all  crimes  and  oitences  cognizable  under  the 
authority  of  the  United  States,  except  where 
this  act  otherwife  provides,  or  the  laws  of  the 
United  States  mail  otherv/ife  direct,  and  con- 
current jurisdiction  with  the  diftrict  courts  of 
the  crimes  and  offences  cognizable  therein. 
But  no  perfon-'fhall  be  arrefted  in  one  diftrict 
for  trial  in  another,  in  any  civil  action  before 
a  circuit  or  diftrict  court :  An^  no  civil  fuit 
mall  be  brought  before  either  of  faid  courts 
againft  an  inhabitant  of  the  United  States,  by 
any  original  procefs  in  any  other  diftrict  than 
that  whereof  he  is  an  inhabitant,  or  in  which 
he  mall  be  found  at  the  time  of  ferving  the 
writ,  nor  mail  any  diftrict  or  circuit  court  have 
cognizance  of  any  fuit  to  recover  the  contents 
of  any  promiffory  note  or  ether  chofe  in  action 


C   56   ] 

in  favour  of  an  affignee,  unlefs  a  fuit  might, 
have  been  profecuted  in  fuch  court  to  recover 
the  faid  contents  if  no  affignment  had  been 
made,  except  in  cafes  of  foreign  bills  of  ex- 
circuit  change.  And  the  circuit  courts  mall  alfo  have 

court      ap-  .       .  r , .  n  .          r  1         i  •  n_    •  o 

peiiate  ju-  appellate  junklicuon  from  the  diitnct  courts 
rifdichon.    unc|er  tne  regulations  and  reftriclions  herein 

after  provided. 
Matter   in       Sec.   1 2.  And  be  It  further  enabled ^  That  if 

bove te  5co  a  fo^  b£  commenced  m  any  ftate  court  againft 
dollars,  an  alien*  or  by  a  citizen  of  the  ftate  in  which 
the  fuit  is  brought  againft  a  citizen  of  another 
ftate,  and  the  matter  in  difpute  exceeds  the 
afcrefaid  fum  or  value  of  five  hundred  dollars, 
exclufive  of  coils,  to  be  made  to  the  Satisfac- 
tion of  the  court ;  and  the  defendant  {hall,  at 
the  time  of  entering  his  appearance  in  fuch 
ftate  court,  file  a  petition  for  the  removal  of 
the  caufe  for  trial  into  the  next  circuit  court, 
to  be  held  in  the  diflricl:  where  the  fuit  is  pend- 
ing, or  if  in  the  diftrict  of  Main,  to  the  diilricl: 
court  next  to  be  holden  therein,  or  if  in  Ken- 
tucky diftrict,  to  the  diflricl:  court  next  to  be 
holden  therein,  and  offer  good  and  fufficient 
furety  for  his  entering  in  fuch  court,  on  the 
firft  day  of  its  feflion,  copies  of  faid  procefs 
againft  him,  and  alfo  for  his  there  appearing 
and  entering  fpecial  bail  in  the  caufe,  if  fpecial 
j^j  was  origmaiiy  requifite  therein,  it  mall 
then  be  the  duty  of  the  ftate  court  to  accept 
the  furety,  and  proceed  no  further  in  the  caufe> 
and  any  bail  that  may  have  been  originally 
taken  {hall  be  difcharged,  and  the  faid  copies 
being  entered  as  aforeiaid,  in  fuch  court  of  the 
United  States,  the  caufe  {hall  there  proceed 
in  the  fame  manner  as  if  it  had  been  brought 
there  by  original  procefs.  And  any  attach" 
ment  of  the  goods  or  eftate  of  the  defendant 


mcnt 


C     57     3 
by  the  original   procefs,  fhall  hold  the  goods 

f  °  11  r  i         /-         i    •       i 

or  eitate  fo  attached,  to  aniwer  the  final  judg-  goods  hoid- 
ment  in  the  fame  manner  as  by  the  laws  of  P^d  l£  j£al 
fuch  ftate  they  would  have  been  holden  to  an-  jl 
Twer  final  judgment,  had  it  been  rendered  by 
the  court  in  which  the  fuit  commened.  And  if  Title  of  land 
in  any  action  commenced  in  a  ftate  court,  the  where   va- 
title  of  land  be  concerned,  and  the  parties  are 
citizens  of  the  fame  ftate,   and  the  matter  in 
difpute  exceeds  the  film  or  value  of  five  hun- 
dred dollars,  exclufive  of  cofts,  the  furn  or  va- 
lue being  made  to  appear  to  the  fatisfaction  of 
the  court,  either  party,  before  the  trial,  mall 
ftate  to  the  court  and  make  affidavit  if  they  re- 
quire it,  that  he  claims  and  fhall  rely  upon  a 
right  or  title  to  the  land,  under  a  grant  from 
a  ftate,  other  than  that  in  which  the  fuit  is  pend- 
ing, and  produce  the  original  grant  or  an  ex- 
emplification of  it,  except  where  the  lofs  of 
public  records  fhall  put  it  out  of  his  power,  and 
fhall  move  that  the  aclverfe  party  inform  the 
court,  whether  he  claims  a  right  or  title  to  the 
land  under  a  grant  from  the  ftate  in  which  the 
fuit  is    pending;    the   faid  adverfe  fhall  give 
fuch  information,  or  other  wife  not  to  be  allowed 
to  plead  fuch  grant,  or  give  it  in  evidence  up- 
on the  trial,  and  if  he  informs  that  he  does 
claim  under  fuch   grant,  the  party  claiming 
under  the  grant  firft  mentioned,  may  then,  on 
motion,  remove  the  caufe  for  trial  to  the  next 
circuit  court  to  be  holden  in  fuch  diftrict,  or  if 
in  the  diftriaof  Main,  to  the  court  next  to  be 
holden  therein  ;  or  if  in  Kentucky  diftricl,  to  tucky, 
the  diilricL  court  next  to  be  holden  therein  ;  ^^e 
but  if  he  is  the  defendant,  mall  do  it  under  the  movable 

K2  regulations  a;-;  in  the  beforementioned 
cafe  of  the  removal  of  a  caufe  into  fuch  court 
by  an  i-.iicn  :  And  neither  party  removing  the 

.  r.  IT 


C    58    ] 

caufe,  mall  be  allowed  to  plead  or  give  evidence 
°^  an7  otner  ^^e  tnan  that  by  him  ftated  as 
aforelaid,  as  the  ground  of  his  claim.  And  the 
trial  of  iflues  in  fact  in  the  circuit  courts  mail, 
in  all  fuits,  except  thofe  of  equity,  and  of  ad- 
miralty, and  maritime  jurifdiction,  be  by  jury. 

supreme         Sec.  13.  And  be  it  further  enafted^    That 
*  ju-  tne  fupreme  court  fhall  have  exclulive  jurifdic* 
tion  of  all  cojitroverfies  of  a  civil  nature,  where 
a  (late  is  a  party,  except  between  a  ftate  and  its 
citizens  ;  and  except  alfo  between  a  (late  and 
citizens  of  other  Hates,  or  aliens,  in  which 
latter  cafe  it  fhall  have  original  but  not  exclu- 
v,  nft  flve  jurifdi&ion.  And  fhall  have  exclufively  all 

public  mi-  fuch  jurifdiction  of  fuits  or  proceedings  againft 
ambafladors  or  other  public  minifters,  or  their 
domeftics,  or  domeflic  fervants,  as  a  court  of 
law  can  have  or  exercife  confiftently  with  the 
law  of  nations  ;  and  original,  but  notexclufive 
jurifdiclion  of  all  fuits  brought  by  ambaffadors 
or  other  public  minifters,  or  in  which  a  conful, 
or  vice-conful,  fhall  be  a  party.  And  the  trial 
of  iffues  in  fad:  in  the  fupreme  court,  in 
all  actions  at  law  againft  citizens  of  the  United 
States, fhall  be  by  jury.  The  fupreme  court  fhall 
u.  alfo  have  appellate  jurifdidion  from  the  circuit 
courts  an(j  COurts  of  the  feveral  ftates,  in  the 
cafes  herein  after  fpecially  provided  for  :  And 
fhall  have  power  to  iffue  writs  of  prohibition  to 
the  diftrid  courts,  when  proceeding  as  courts 
of  admiralty  and  maritime  jurisdiction,  and 
writs  of  mandamus.,  in  cafes  warranted  by  the 
principle  and  ufages  of  law,  to  any  courts  ap- 
pointed, or  perfons  holding  office,  under  the 
authority  of  the  United  States. 

Sec.  14.  And  be  it  further  cnacled^  That  all 
the  beforementioned  courts  of  the  United  States, 
(hall  have  power  to  iilue  writs  of  f&re  factor^ 


C     59     3 

habeas  corpus,  and  all  other  writs  not  fpecially 
provided  for  by  flatute,  which  may  be  necefla-  theu.statei 

rv  for  the  exercife  of  their  refpective  jurifdic-  j.1].ue  yvrits 
/  ,  ,  ,  ••IIP  *cire  facias. 

tions,and  agreeable  to  the  principles  and  uiages  &c. 
of  law.    And  that  either  of  the  juflices  of  the 
fupreme  court,  as  well  as  judges  of  the  diftrict 
courts,  fhall  have  power  to  grant  writs  of  babe-  Jud&esfamc 

r         i  r        r  •        •  i_       P°wer. 

as  corpus  tor  the  purpole  or  an  enquiry  into  the 
caufe  of  commitment.  Provided,  That  writs  of 
habeas  corf  us,  fhall  in  no  cafe  extend  to  prifon- 
ers  in  gaol,  unlefs  where  they  are  in  cuftody, 
under  or  by  colour  of  the  authority  of  the  Uni- 
ted States,  or  are  committed  for  trial  before  fome 
court  of  the  fame,  or  are  neceflaryto  be  brought 
into  court  to  teflify. 


Sec.  15.  And  be  it  further  enafted,  That  all  Partl 
thefaid  courts  of  the  United  States,  fhall  have 
power  in  the  trial  of  actions  at  law,  on  motion  writings. 
and  due  notice  thereof  being  given^to  require 
the  parties  to  produce  books  or  writings  in  their 
pofleffion  or  power,  which  contain  evidence 
pertinent  to  the  iifue,  in  cafes  and  under  cir- 
cumftances  where  they  might  be  compelled  to 
produce  the  fame  by  the  ordinary  rules  of  pro- 
ceeding in  chancery  ;  and  if  a  plaintiff  mail 
fail  to  comply  with  fuch  order,  to  produce 
books  or  writings,  it  fhall  be  lawful  for  the 
courts  refpeclively,  on  motion,  to  give  the  like 
judgment  for  the  defendant  as  in  cafes  of  non- 
fuit;  and  if  a  defendant  fhall  fail  to  comply 
with  fuch  order,  to  produce  books  or  writings, 
it  fhall  be  lawful  for  the  courts  refpeftively  on 
motion  as  aforefaid,  to  give  judgment  againft 
him  or  her  by  default. 

Sec.  1  6.  And  be  it  further  enacJcd,  That 
i'uits  in  equity  fhall  "  not  be  fuflained  in  either 
of  the  courts  of  the  United  States,  in  any  cafe  ted. 


C   6°   3 

"where  plain,  adequate  and  complete  remedy 
may  be  had  at  law* 

Sec.  17,  And  be  it  further  enafted,  That  all 


Courts  of   the  faid  courts  of  the  United  States  {hall  have 

thcU, 


aes  ^   .    t  r          , 

grant  power  to  grant  new  trials,  in  caies  where  there 
trial*,  jjas  ]^een  a  trial  by  jury  for  reafons  for  which 
new  trials  have  ufually  been  granted  in  the 
courts  of  law  ;  and  {hall  have  power  to  ira- 
pofe  and  adminifter  all  necefTary  oaths  or  af- 
firmations, and  to  puniih  by  fine  or  imprifon- 
ment,  at  the  difcretion  of  laid  courts,  all  con- 
tempts of  authority  in  any  caufe  or  hearing 
before  the  fame  ;  and  to  make  and  eitablim  all 
neceflary  rules  for  the  orderly  conducting  bu- 
{inefs  in  the  faid  courts,  provided  fuch  rules 
are  not  repugnant  to  the  laws  of  the  United 
States, 

Sec,  1  8.  And  be  it  further  enafied^  That 
when  in  a  circuit  court,  judgment  upon  a  ver- 
*  diet  in  a  civil  action  {hall  be  entered,  execu- 
tion may  on  motion  of  either  party,  at  the 
difcretion  of  the  court,  and  on  fuch  condi- 
tions for  the  fecurity  of  the  adverfe  party  as  they 
may  judge  proper,  be  flayed  forty-two  days, 
from  the  time  of  entering  judgment,  to  give 
time  to  file  in  the  clerk's  office  of  faid  court, 
a  petition  for  a  new  trial.  And  if  fuch  peti- 
tion be  there  filed  \vithin  faid  term  of  forty-two 
days,  with  a  certificate  thereon  from  either  of 
the  judges  of  fuch  court,  that  he  allows  the 
fame  to  be  filed,  which  certificate  he  may  make 
or  refufe  at  his  difcretion,  execution  ihall  of 
CQiirfe  be  further  ftayed  to  the  next  feffion  of 
faid  court.  And  if  a  new  trial  be  granted,  the 
former  judgment  ihall  be  thereby  rendered 
void, 

Se6t,  19,  And  be  it  further  enacted  ^  That  it 
fnall  be  the  duty  of  circuit  courts,  in  caufes  in. 


C     61     ] 

equity  and  of  admiralty  and  maritime  jurifdic. 
tion,  to  caufe  the  fads  on  which  they  found  cord. 
their  fentence  or  decree,  fully  to  appear  up- 
on the  record  either  from  the  pleadings  and 
decree  itfelf,  or  a  ftate  of  the  cafe  agreed  by 
the  parties,  or  their  council,  or  if  they  difa- 
gree,  by  a  dating  of  the  cafe  by  the  court. 

Sec.  20.  And  be  it  further  enabled r,    That  ^^  ^ 
where  in  a  circuit  court,  a  plaintiff  in  an  action,  a'io\vcd  un- 
originally  brought  there,   or  a  petitioner  in 
equity,  other  than  the  United  States,  recovers 
lefs  than  the  fum  or  value  of  five  hundred 
dollars,   or  a  libellant,  upon  his  own  appeal, 
Hs  than  the  fum   or  value  of  three  hundred 
rs,  he  mall  not  be  allowed,  but  at  the  dif- 
cretion  of  the  court,  may  be  adjudged  to  pay 
cofts. 

Sec.   21,  And  be  it  further  cnacled^    That  Appeals 

f  r      i    i  •  j»/t   »rt.  •  r      where  roat 

from  final  decrees  in  a  diftnct  court  in  caules  tcr  in  air 
of  admiralty  and  maritime  jurifdiction,  where  p«te  ex- 

/       ,.  i       i       r  T         cceds    300 

the-matter  in  diipute  exceeds  the  fum  or  value  dollar?. 
of  three  hundred  dollars,  exclufive  of  cods, 
an  appeal  (hall  be  allowed  to  the  next  circuit 
court,  to  be  held  in  fuch  diftrict.  Provided  ne- 
vcrthelcfs^  That  all  fuch  appeals  from  final  de- 
crees as  aforefaid,  from  the  diflricl  court  of 
Main,  mail  be  made  to  the  circuit  court,  next 
to  be  holden  after  each  appeal  in  the  diftricl: 
of  MaiTachufetts. 

Sec.  22.  And  be  it  further  enabled,  That  fi-  Final  dc- 
nal  decrees  and  judgments  in  civil  actions  in  a  ^SeTS? 
diftricl  court,  where  the  matter  in  difpute  ex-  hove   so 
ceeds  the  fum  or  value  of  fifty  dollars,  exclu- 
five of  cofts,  may  be  re-examined,  and  reverfed 
or  affirmed  in   a  circuit  court,  holden  in  the 
fame  diftricl,  upon  a  writ  of  error,  whereto 
fhall  be  annexed  and  returned  therewith  at 


t     62     ] 

the  day  and  place  therein  mentioned,  an  au- 
thenticated tranfcript  of  the  record,  and  af- 
iignment  of  errors,  and  prayer  for  reverfal, 
with  a  citation  to  the  adverfe  party,  figned  by 
the  judge  of  Rich  diftricl:  court,  or  a  juftice  of 
the  fupreme  court,  the  adverfe  party  having 
and  fuits  in  at  lead  twenty  days  notice.  And  upon  a  like 
equity  ex-  procefs,  may  final  judgments  and  decrees  in 
hteof  2000  civ^  actions,  and  fuits  in  equity  in  a  circuit 
dollars.  court,  brought  there  by  original  procefs,  or 
removed  there  from  courts  of  the  feveral  Hates, 
or  removed  there  by  appeal  from  a  diftrid 
court  where  the  matter  in  difpute  exceeds  the 
fum  or  value  of  two  thoufand  dollars,  exclu- 
five  of  cofls,  be  re-examined  and  reverfed  or 
affirmed  in  the  fupreme  court,  the  citation  be- 
ing in  fuch  cafe  figned  by  a  judge  of  fach  cir- 
cuit court,  or  juftice  of  the  fupreme  court,  and 
the  adverfe  party  having  at  leaft  thirty  days 
notice.  But  there  fhall  be  no  reverfal  in  ei- 
ther court  on  fuch  writ  of  error  for  error  in 
ruling  any  plea  in  abatement,  other  than  a  plea 
to  the  jurifdiction  of  the  court,  or  fuch  plea 
to  a  petition  or  bill  in  equity,  as  is  in  the  nature 
w«ts  of  of  a  demurrer,  or  for  any  error  in  fadl.  And 
error  Hmi-  writs  of  error  mall  not  be  brought  but  within 
five  years  after  rendering  or  palling  the  judg- 
ment or  decree  complained  of,  or  in  cafe  the 
perfbn  entitled  to  fuch  writ  of  error  be  an  in- 
fant, feme  covert  non  compos  mentis  ^  or  imprifon- 
ed,  then  within  five  years  as  aforefaid,  exclu- 
five  of  the  time  of  fuch  difability.  And  every 

Plaintiff  to  .    „.  .      ,         r  .       .    ;  / 

give  fecuri-  juftice  or  judge  fignmg  a  citation  on  any  writ 
ty-  of  error  as  aforefaid,  mall  take  good  and  fuffi- 

cient  fecurity,  that  the  plaintiff  in  error  mall 
profecute  his  writ  to  effect,  and  anfwer  all  da- 
mages and  cods  if  he  fail  to  make  his  plea 
good. 


[     63     J 

Sec.  23.  And  be  it  further  en aclc d,  That  a  writs  of  er- 
writ  of  error  as  aforefaid  mall  be  a  fuperiedeas  r°'^*ag11 
and  flay  execution  in  cafes  only  where  the  writ 
of  error  is  ferved,  by  a  copy  thereof  being  lodg- 
ed for  the  adverfe  party  in  the  clerk's  office 
where  the  record  remains,  within  ten  days,  Sun- 
days exclufive,  after  rendering  the  judgment  or 
pafling  the  decree  complained  of.  Until  the  ex- 
piration of  which  term  of  ten  days,  executions 
fhall  not  iflue  in  any  cafe  where  a  writ  of  er- 
ror may  be  a  fuperfedeas ;  and  whereupon  fuch 
writ  of  error  the  fupreme  or  a  circuit  court 
fhall  affirm  a  judgment  or  decree,  they  fhall 
adjudge  or  decree  to  the  refpondent  in  error 
juft  damages  for  his  delay,  and  fmgle  or  dou- 
ble coils  at  their  difcretion. 

Sec.   24.   And  be  it  further  enacted,   That 
when   a  judgment  or  decree  fhall  be  reverfed 
in  a  circuit  court,  fuch  court  fhall  proceed  to 
render  fuch  judgment  or  pafs  fuch  decree  as 
the  diflrict  court  mould  have  rendered  or  paff- 
ed ;   and  the  fupreme  court  fhall  do  the  fame 
on  reverfals  therein,  except  where  the  rever- 
fal  is  in  favour  of  the  plaintiff,  or  petitioner  in 
the  original  fuit,  and  the  damages  to  be  aflefled, 
or  matter  to  be  decreed,  are  uncertain,  in  which 
cafe  they  fhall  remand  the  caufe  for  a  final  de- 
cifion.  And  the  fupreme  court  fhall  not  ilfue  Sujremc 
execution  in  caufes   that  are  removed  before  couVnot 
them  by  writs  of  error,  but  fhall  fend  a  fpecial  J?^ cxecu" 
mandate  to  the  circuit  court  to  award  execu- 
tion thereupon- 
Sec.  25.  And  be  It  further  enacted,  That  a  fi-  where  ta- 
nal  judgment  or  decree  in  any  fuit,  in  the  high- 
eft  court  of  law  or  equity  of  a  ftate  in  which 
a  deciiion  in  the  fuit  could  be  had,  where  is 

v/ii  in  queflion  the  validity  of  a  treaty  or  mined. 
.. .    ute  of,  or  an  authority  exercifed  under  the 


C   64   ] 

United  States,  and  the  decifion  is  againft  their 
validity;  or  where  is  drawn  in  queftion  the 
validity  of  a  flatute  of,  or  an  authority  ex- 
ercifed  under  any  flate,  on  the  ground  of 
their  being  repugnant  to  the  conftitution,  trea- 
ties or  laws  of  the  United  States,  and  the  deci- 
fion is  in  favour  of  fuch  their  validity,  or  where 
is  drawn  in  queftion  the  conitruclion  of  any 
claufe  of  the  Conftitution,  or  of  a  treaty,  or 
flatute  of,  or  commiilion  held  under  the  United 
States,  and  the  decifion  is  againft  the  title,  right, 
privilege  or  exemption  fpecially  fet  up  or  claim- 
ed by  either  party ,  under  fuch  claufe  of  the  faid 
conftitution,  treaty,  flatute  or  commifficn,  may 
be  re-examined  and  reverfed  or  affirmed  in  the 
fupreme  court  of  the  United  States  upon  a  writ 
of  error,  the  citation  being  ilgned  by  the  chief 
juflice,  or  judge  or  chancellor  of  the  court  ren- 
dering or  palling  the  judgment  or  decree  com- 
plained of,  or  by  a  juftice  of  the  fupreme  court 
of  the  United  States,  in  the  fame  manner  and 
under  the  fame  regulations,  and  the  writ  mall 
have  the  fame  efxecl,  as  if  the  judgment  or  de- 
cree complained  of  had  been  rendered  or  paff- 
ed  in  a  circuit  court,  and  the  proceeding  upon 
Proceedings tne  revcrfal  mail  alfo  be  the  lame,  except  that 
on  rcvcriai,  the  fupreme  court,  inflcad  of  remanding  the 
caufe  for  a  final  decifion  as  before  provided, 
may  at  their  difcretion,  if  the  caufe  mail  have 
been  once  remanded  before,  proceed  to  a  final 
decifion  of  the  fame,  and  award  execution* 

But  R0  other  error  fl'a11  be  affigned  cr  regard- 
-  ed  as  a  ground  of  revcrfal  in  any  fuch  cafe  as- 
aforefaid,  than  fuch  as  appears  on  the  face  of 
the  record,  and  immediately  refpe&s  the  bc- 
foremendoned  qudlione  of  validity  or  conflruc- 
.tion  of  the  laid  ccnftituticii,  treaties,  flat.utes, 
commifficns,  cr  authorities  in  dispute. 


C   65   1 

Sec.   26.  And  be  it  further  enatted,  That  in  Tn  cak<(  of 
all  caufes  brought  before  either  of  the  courts  forfeiture 
of  the  United  States  t©  recover  the  forfeiture  ;^vc^s 
annexed  to  any  articles  of  agreement,  covenant,  judgment 
bond  or  other  fpcciality,  where  the  forfeiture,  m  cqulty* 
breach   or   non-performance  mail  appear,  by 
the  default  or  confefiion  of  the  defendant,  or 
upon  demurrer,  the  court  before  whom  the 
action  is,  (hall  render  judgment  therein  for  the 
plaintiff  to  recover  fo  much  as  is  due  accord- 
ine  to   equity.  And  when  the  fum  for  which  s""1  a.ffcfl 

r*     '  i   •  •         i        ed  b y  j  ury 

judgment  mould  be  rendered  is  uncertain,  the 
fame  (hall,  if  either  of  the  parties  requeft  it,  be 
aflefTed  by  a  jury. 

Sec.  27.  And  be  it  fur  tier  cnaclcd^  That  a  Marfhal 
marihal  (hall  be  appointed  in  and  for  each  dif-  aPP°intcd- 
trict  for  the  term  of  four  years,  but  (hall  be  re- 
moveablc  from  office  at  pleafure,  whofe  duty 
it  (hall  be  to  attend  the  diftricl  and  circuit 
courts  when  fitting  therein,  and  alfo  the  fu- 
preme  court  in  the  diftricl  in  which  that  court 
mail  fit.  And  to  execute  throughout  the  dif- 
tricl:, all  lawful  precepts  directed  to  him,  and 
ifiued  under  the  authority  of  the  United  States, 
and  he  mail  have  power  to  command  all  ne- 
cefiary  afiiftance  in  the  execution  of  his  duty, 
and  to  appoint  as  there  (hall  be  occafion,  one 
or  more  deputies,  who  (hall  be  removeable 
from  office  by  the  judge  of  the  diftrict  court, 
or  the  circuit  court  fitting  within  the  diilrict, 
at  the  pleafure  of  either,  and  before  he  enters 
on  the  dutiesof  hisoffice,he  (hail  become  bound 
for  the  faithful  performance  of  the  fame,  by 
himfelf  and  by  his  deputies  before  the  judge  of 
the  diftrict  court  to  the  United  States,  jointly 
and  feverally,  with  two  good  and  fuificient 
fureties,  inhabitants  and  freeholders  of  fuch 
diftrict,  to  be  approved  by  the  diftrict  j 

VOL.  L  I 


C   66  3 

in  the  fum  of  twenty  thoufand  dollars,  and  mall 
take  before  faid  judge,  as  mall  alfo  bis  depu- 
ties, before  they  enter  on  the  duties  of  their 

Hi*  oath,  appointment,  the  following  oath  of  office  :  "  I, 
A.  B.  do  folemnly  fwear  or  affirm,  that  I  will 
faithfully  execute  all  lawful  precepts  directed 
to  the  marfhal  of  the  diftricl:  of  under 

the  authority  of  the  United  States,  and  true 
returns  make,  and  in  all  things  well  and  truly, 
and  without  malice  or  partiality,  perform  the 
duties  of  the  office  of  marfhal  (or  marshal's  de- 
puty, as  the  cafe  may  be)  of  the  diftricl:  of 
during  my  continuance  in  faid  office, 
and  take  only  my  lawful  fees.  So  help  me 
God." 

Marfhal  a       Sec.  28.  And  be  it  further  enafted,  That  in 

l>arty'  all  caules  wherein  the  marfhal  or  his  deputy 
fhall  be  a  party,  the  writs  and  precepts  therein 
mall  be  directed  to  fuch  difmterefted  perfon  as 
the  court,  or  any  juftice  or  judge  thereof  may 
appoint,  and  the  perfcn  fo  appointed,  is  hereby 
authorifed  to  execute  and  return  the  fame. 
And  in  cafe  of  the  death  of  any  marfhal,  his  de- 
puty or  deputies  fhall  continue  in  office,  unlefs 
otherwife  fpecially  removed  ;  and  fhall  execute 
the  fame  in  the  name  of  the  deceafed,  until 
another  marfhal  fhall  be  appointed  and  fworn  : 

Defaults  of  ^nd  the  defaults  or  misfeafances  in  office  of  fuch 

deputies.  ...  .  „ 

deputy  or  deputies  in  the  mean  time,  as  v/ell 
as  before,  fhall  be  adjudged  a  breach  of  the 
condition  of  the  bond  given,  as  before  direct- 
ed, by  the  marfhal  who  appointed  them  ;  and 
tne  executor  or  adminiftrator  of  the  deceafed 
-  marfhal  fhall  have  like  remedy  for  the  defaults 


ceafedmar-  and  misfeafances  in  office  of  fuch  deputy  or  de- 
puties  during  fuch  interval,  as  they  would  be 
entitled  to  if  the  marfhal  had  continued  in  life 
and  in.  the  exercife  of  his  faid  office,  until  his 


C    67    ] 

fucceflor  was  appointed,  and  fwcrn  or  affirmed : 
And  every  marfhal  or  his  deputy  when  remov- 
ed from  office,  or  when  the  term  for  which  the 
marfhal  is  appointed  mail  expire,  fhall  have 
power  notwithstanding  to  execute  all  fuch 
precepts  as  may  be  in  their  hands  refpectively 
at  the  time  of  fuch  removal  or  expiration  of 
office  ;  and  the  marmal  fnall  be  held  anfwera-  Marshal's 
ble  for  the  delivery  to  his  fucceflbr  of  all  pri- 
foners  which  may  be  in  his  cuftody  at  the  time 
of  his  removal,  or  when  the  term  for  which  he 
is  appointed  mall  expire,  and  for  that  purpofe 
may  retain  fuch  prifoners  in  his  cuftody  until 
his  fucceflbr  mall  be  appointed  and  qualified 
as  the  law  directs. 

Sec.  29.  And  be  it  further  enabled ^  That  in  Cafes  pu- 
cafes  punifhable  with  death,  the  trial  (hall  be 
had  in  the  county  where  theofFence  was  com- 
mitted,  or  where  that  cannot  be  done  without 
great  inconvenience,  twelve  petit  jurors  at  lead 
mall  be  fummoned  from  thence.  And  jurors 
in  all  cafeS  to  ferve  in  the  courts  of  the  United 
States  fhall  be  defignated  by  lot  or  otherwife 
in  each  (bite  refpectively  according  to  the  mode 
of  forming  juries  therein  now  practiced,  fo  far 
as  the  laws  of  the  fame  fhall  render  fuch  de- 
fignation  practicable  by  the  courts  or  marmals 
of  the  United  States ;  and  the  jurors  fhall  have  juror8by 
the  fame  qualifications  as  are  requifite  for  ju-  i°t. 
rors  by  the  laws  of  the  ftate  of  which  they  are 
citizens,  to  ferve  in  the  highefi  courts  of  law 
of  fuch  flate,  and  mall  be  returned  as  there 
fhall  be  occafion  for  them,  from  fuch  parts  of 
the  diftrict  from  time  to  time  as  the  court  fhall 
direct,  fo  as  mall  be  moft  favourable  to  an  im- 
partial trial,  and  fo  as  not  to  incur  an  unnecef- 
iary  expence,  or  unduly  to  burthen  the  citizens 
©f  any  part  of  the  diftrict  with  fuch  fervices. 


C     68     ] 


Writs  ve-    And  writs  of  venire  facias  when  directed  ty 

mre  tacias      .  „..._„••'         .         ...         


office* 


Jtjri'cs  de 

tail  bus, 


Mode  of 
proof, 


the  court  ihall  iifue  from  the  clerk'3  office,  and 
fhall  be  ferved  and  returned  by  the  marihal  in 
his  proper  perfon  or  by  his  deputy,  or  in  cafe 
the  marfhal  or  his  deputy  is  not  an  indifferent 
perfon,  or  is  intereited  in  the  event  of  the  caufe, 
by  fuch  fit  perfon  as  the  court  ihall  fpecially 
appoint  for  that  purpofe,  to  whom  they  fhall 
adminifter  an  oath  or  affirmation  that  he  will 
truly  and  impartially  ferve  and  return  fuch 
writ.  And  when  from  challenges  or  otherwife 
there  ihall  not  be  a  jury  to  determine  any  civil 
or  criminal  caufe,  the  marihal  or  his  deputy 
fhall,  by  order  of  the  court  where  fuch  defect 
of  jurors  ihall  happen,  return  jurymen  de  tali- 
bus  circwnjlantibus  fufficient  to  complete  the 
pannel ;  and  when  the  maiihal  or  his  deputy 
are  difqualified  as  aforefaid,  jurors  may  be  re- 
turned by  fuch  difmtereited  perfon  as  the  court 
fhall  appoint. 

Sec.  30.  And  be  it  further  enafted^  That  .the 
mode  of  proof  by  oral  teitimony  and  examina- 
tion of  witnefles  in  open  court  ihall  be  the  fame 
in  all  the  courts  of  the  United  States,  as  well 
in  the  trial  of  caufes  in  equity  and  of  admiral- 
ty and  maritime  jurifdiclion,  as  of  actions  at 
common  law.  And  when  the  teftimony  of  any 
perfon  ihall  be  neceifary  in  any  civil  caufe  de- 
pending in  any  diitricl:  in  any  court  of  the 
United  States,  who  ihall  live  at  a  greater  dif- 
tance  from  the  place  of  trial  than  one  hundred 
miles,  or  is  bound  on  a  voyage  to  fea,  or  is  about 
to  go  out  of  the  United  States,  or  out  of  fuch 
diitricl:,  and  to  a  greater  diitance  from  the  place 
of  trial  than  as  aforeiaid,  before  the  time  of  trial, 
or  is  ancient  or  very  infirm,  the  depofhion  of 
*.  fuch  perfon  may  be  taken  de  bcne  effe  before 
any  juflice  or  judge  of  any  of  the  courts  of  the 


United  States,  or  before  any  chancellor,  juf- 
tice  or  judge  of  a  fupreme  or  fuperior  court, 
jnayor  or  chief  magiftrate  of  a  city,  or  judge 
of  a  county  court  or  court  of  common  pleas 
of  any  of  the  United  States,  not  being  of  coun- 
iel  or  attorney  to  either  of  the  parties,  or  in- 
terefted  in  the  event  of  the  caufe,  provided 
that  a  notification  from  the  magiftrate  before 
vhom  the  depofition  is  to  be  taken  to  the  ad- 
vcrfe  party,  to  be  prefent  at  the  taking  of  the 
fame,  and  to  put  interrogatories,  if  he  think  fit, 
be  firil  made  out  and  ferved  on  the  adverfe 
party  or  his  attorney  as  either  may  be  neareft, 
if  either  is  within  one  hundred  miles  of  the 
place  of  fuch  caption,  allowing  time  for  their  at- 
tendance after  notified,  notlefs  than  at  the  rate  of 
one  day,  Sundays  exclusive,  for  every  twenty 
miles  travel.  And  in  caufes  of  admiralty  and 

..ri.0.  ,  r  rr  •  Adrmraky 

maritime  jurifdichon,  or  other  caies  of  ieizure  anj  man- 
when  a  libel  mall  be  filed,  in  which  an  adverfe  tilil^^- 
party  is  not  named,  and  depofitions  of  perfons     • 
circumftanced  as  aforefaid  mall  be  taken  before 
a  claim  be  put  in,  the  like  notification  as  afore- 
faid mail  be  given  to  the  perfon   having  the 
agency  or  poiTeflion  of  the  property  libelled  at 
the  time  of  the  capture  or  feizure  of  the  fame, 
if  known  to  the  libellant.     And  every  perfon 
depofmg  as  aforefaid  mall  be  carefully  examin- 
ed and  cautioned,  and  fworn  or  affirmed  to  Agent  noti- 
teftify  the  whole  truth,  and  mall  fubfcribe  the 
teftimony  by  him  or  her  given  after  the  fame 
fhall  be  reduced  to  writing,  which  mall  be  done 
only  by  the  magiftrate  taking  the  depofition, 
or  by  the  deponent  in  his  prefence.     And  the  De  Q£..jong 
depofitions  fo  taken  fhall  be  retained  by  fuch 
magiftrate  until  he  deliver  the  fame  with  his 
own  hand  into  the  court  for  which  they  are 
taken,  or  lhall,  together  -,vith  i:  certificate  of 


C    7°   1 

the  reafoRs  as  aforefaid  of  their  being  taken^ 
and  of  the  notice  if  any  given  to  the  adverfc 
party,  be  by  him  the  faid  magiftrate  fealed  up 
and  directed  to  fuch  court,  and  remain  under 
his  feal  until  opened  in  court.  And  any  per- 
fon  may  be  compelled  to  appear  and  depofe 
as  afcrefaid  in  the  fame  manner  as  to  appear 
and  tefliiy  in  court.  And  in  the  trial  of  any 

ATT 

bwccL  caiife  of  admiralty  or  maritime  jurifdiclion  in 
a  diftricl  court,  the  decree  in  which  may  be 
appealed  from,  if  either  party  {hall  fuggeil  to 
and  fatisfy  the  court  that  probably  it  will  not 
be  in  hls'pcv/cr  to  produce  the  witnefTes  there 
teflify'ng  before  the  circuit  court  fhould  an 
appeal  be  had,  and  fhali  move  that  their  tefii- 
mony  be  taken  down  in  writing,  it  fnall  be  fo 
done  by  the  clerk  of  the  court.  And  if  an  ap- 
peal be  had,  fuch  tellimony  may  be  ufed  on  the 
trial  of  the  fame,  if  it  fhall  appear  to  the  fa- 
tislaction  of  the  court  which  {hall  try  the  ap- 
peal, that  the  witneffes  are  then  dead  or  gone 
out  of  the  United  States,  or  to  a  greater  dif- 
tance  than  as  aforefaid  from  the  place  where 
the  court  is  fitting,  or  that  by  reafon  of  age, 
llcknefs,  bodily  infirmity  or  impriibnment, 
they  are  unable  to  travel  and  appear  at  court, 

EepoHnons  but  not  otherv/iie.  And  unlefs  the  fame  mall 

nd?  ^e  ma(^e  to  aFPear  on  ^  tr^  °f  any  caufe, 
&c.'  with  refpecl  to  witnefles  whofe  depofitions  may 
have  been  taken  therein,  fuch  depofitions  {hall 
not  be  admitted  or  ufed  in  the  caufe.  Provi- 
ded ^  That  nothing  herein  mail  be  conflrued  to 
prevent  any  court  of  tta  United  States  from 
granting  a  dedimus  poicjlaiem  to  take  depofitions 
according  to  common  ufasje,  when  it  may  be 

rr"  •  r   -i  IT  ,    •     r 

neceilary  to  prevent  a  failure  or  delay  or  juf- 
tice  ;  which  power  they  mall  feverally  poflefs, 
nor  to  extend  to  depofitions  taken  h\  ferpehtam 


[     7'     II 

ret  tnemoriam)  which  if  they  relate  to  matters 
that  may  be  cognizable  in  any  court  cf  the 
United  States,  a  circuit  court  on  application 
thereto  made,  as  a  court  of  equity  may,  accord- 
ing to  the  ufages  in  chancery  direcl  to  betaken. 
Sec.  3  1  .  And  be  it  enafted^  That  where  any 
fuit  fhall  be  depending  in  any  court  of  the  Uni- 
ted States,  and  cither  of  the  parties  mail  die 
before  final  judgment,  the  executor  or  admi- 
niftrator  of  fuch  deceafed  party  \vho  ' 


tiff,  petitioner,  or  defendant,  in  cafe  ; 
of  aftipn  doth  by  law  furvivc,  fhall  have  full  [ 
power  to  profecute  or  defend  any  fuch  iuit  or 
a&ion  until  final  judgment  ;  and  the  defendant 
or  defendants  are  hereby  obliged  to  anfwer 
thereto    ace  .  ;    and    the  court  before 

whom  fuch  caufe  may  be  depending,  is  hereby 
empowered  and  directed  to  hear  and  deter:  nine 
the  fame,  and  to  render  judgment  for  or  againft 
the  executor  or  adminiitrator,  as  the  cafe  may 
require.  And  if  fuch  executor  or  adminiitrator 
having  been  duly  ferved  with  2.  fa  re  facias  from 
the  office  of  the  clerk  of  the  court  where  fuch 
fuit  is  depending,  twenty  days  beforehand, 
mall  neglect  or  refufe  to  become  a  party  to  the 
fuit,  the  court  may  render  judgment  againft 
the  eftate  of  the  deceafed  party,  in  the  fame 
manner  as  if  the  executor  or  adminiftrator  had 
voluntarily  made  himfelf  a  party  to  the  fuit  : 
And  the  executor  or  adminiftrator  who  mall 
become  a  party  as  aforefaid,  fhall,  upon  motion 
to  the  court  where  the  fuit  is  depending,  be  have  c 
entitled  to  a  continuance  of  the  fame  until  the  viBU{in 
next  term  of  the  faid  court.  And  if  there  be  Two 
two  or  more  plaintiffs  or  defendants,  and  one  tifFa.  * 
or  more  of  them  fhall  die,  if  the  caufe  of  ac- 
tion fhall  furvive  to  the  furviving  plaintiff  or 
plaintiffs,  cr  againft  the  furviving  defqndant  or 


C     7*     1 

defendants,  the  writ  or  action  (hall  not  be  therg- 
plaintiff      by  abated  :  but  fuch  death  being  fu£o;efted  up* 

infiv  conti-       J      ,  ,       ,  0.  n      n 

on  the  record,  the  action  mail  proceed  at  the 


fuit  of  the  furviving  plaintifFor  plaintiffs  againfl 
the  furviving  defendant  or  defendants. 

Sec.  32.  ,  And  be  it  further  enaEled^  That  no 

fummons,  writ,  declaration,  return,  prccefs, 

Writs  fhaii  judgment,  or  other  proceedings  in  civil  caufes 

not    abate    Jo  '  r  r    ,       _  ^  t2       ,  ^  rt     ,, 

for  ciefedt  in  any  or  the  courts  of  tne  United  States,  mall 
ofiorra.  be  abated,  arrefted,  quafhed  or  reverfed,  for 
nny  defect  or  want  of  form,  but  the  faid  courts 
reipeclively  (hall  proceed  and  give  judgment 
according  as  the  right  of  the  caufe  and  matter 
in  law  fhall  appear  unto  them,  without  regard- 
ing any  imperfections,  defects,  or  want  of  form 
in  fuch  writ,  declaration  or  other,  pleading,  re- 
turn, procefs,  judgment  or  courfe  of  proceed- 
ing whatfoever,  except  thofe  only  in  cafes  of 
demurrer,  which  the  party  demurring  mail 
fpecially  fit  down  and  exprefs  together  with 
his  demurrer  as  the  caufe  thereof.  And  the 
faid  courts  refpectively  fhall  and  may,  by  virtue 
Courts  may  of  this  act,  from  time  to  time,  amend  ail  and 
pTrfeaion«~  ever)r  fuch  imperfections,  defects  and  wants  of 
form,  other  than  thofe  only  which  the  party 
demurring  fhall  exprefs  as  aforefaid,  and  may 
at  any  time  permit  either  of  the  parties  to  amend 
any  defect  in  the  procefs  or  pleadings,  upon 
fuch  conditions  as  the  faid  courts  refpectively 
mall  in  their  difcretion,  and  by  their  rules  pre- 
fcribe. 

Sec.  33.  And  be  It  further  enacted  ^  That  for 
Criminal*  3-ny  crime  or  offence  againft  the  United  States, 
agamft  the  the  offender  may,  by  any  juftice  or  judge  of 
Peat"  ar-  the  United  States,  or  by  any  juftice  of  the 
retted  by  peace,  or  other  magiflrate  of  any  of  the  Uni- 
oFtilc  !CC  ted  States  where  he  may  be  found  agreeably  to 
the  ufual  mode  of  procefs  againft  offenders  in 


C    73    3 

fuch  ftate,  and  at  the  expence  of  the  United 
States,  be  arrefted,  and  imprifoned  or  bailed, 
as  the  cafe  may  be,  for  trial  before  fuch  court 
of  the  United  States  as  by  this  acl  has  cogni- 
zance of  the  offence  :  And  copies  of  the  pro- 
cefs  mail  be  returned  as  fpeedily  as  may  be  in- 
to the  clerk's  office  of  fuch  court,  together  with  the  clerk"* 
the  recognizances  of  the  witneffes  for  their  ap-  office' 
pearance  to  teftify  in  the  cafe  ;  which  recog- 
nizances the  magiftrate  before  whom  the  ex- 
amination mail  be,   may  require  on  pain  of 
imprifonment.    And  if  fuch  commitment  of  off.,n^r 
the  offender,  or  the  witneffes  mall  be  in  a  dif-  mav- iTe"  re- 
trict  other  than  that  in  which  the  offence  is  to  movred   1T 
be  tried,  it  (hall  be  the  duty  of  the  judge  of w 
that  diftricl:  where  the  delinquent  is  irnprifon- 
cd,  feafonably  to  iffue,  and  of  the  marmal  of 
the  fame  diftricl:  to  execute,  a  warrant  for  the 
removal  of  the  offender,  and  the  witneffes  or 
-  either  of  them,  as  the  cafe  may  be,  to  the  dif- 
tricl: in  which  the  trial  is  to  be  had.  And  upon  B?.;I  admit 
all  arrefts  in  criminal  cafes,  bail  mail  be  admit- ted- 
ted,  except  where  the  punimment  may  be  death, 
in  which  cafes  it  mail  not  be  admitted  but  by 
the  fupreme  or  a  circuit  court,  or  by  a  juflice 
of  the  fupreme  court,  or  a  judge  of  a  diftrict 
court,  who  mall  exercife  their  difcretion  there- 
in, regarding  the  nature  and  circumftances  of 
the  offence,  and  of  the  evidence,  and  the  ufages 
of  law.    And  if  a  perfon  committed  by  a  juf- 
tice  of  the  fupreme  or  a  judge  of  a  diftricl:  Bail,  ho 
court  for  an  offence  not  punifhable  with  death, '" 
fhall  afterwards  procure  bail,  and  there  be  no 
judge  of  the  United  States,   in  the  diftricl:  to 
take  the  fame,  it  may  be  taken  by  any  judge 
of  the  fupreme,  or  fuperior  court  of  law  of 
fuch  ftate. 

VOL.  I.  K 


C     74     3 


I.,a\V9  of 

ftatcs,  rules 
of  dccifion. 


Parties  ma- 
nage their 
own  caufe. 


Attorney 
for  each 
diflrift. 


Atter.ney- 


Sec.  34.  And  be  it  further  enafted,  That 
the  laws  of  the  feveral  ftates,  except  where 
the  conftitution,  treaties  or  ftatutes  of  the  Uni- 
ted States  fhall  otherwife  require  or  provide, 
fhall  be  regarded  as  rules  of  decifion  in  trials 
at  common  law  in  the  courts  of  the  United 
States  in  cafes  where  they  apply. 

Sec.  35.  And  be  it  further  emitted.  That  m 
all  the  courts  of  the  United  States,  the  par- 
ties  may  plead  and  manage  their  own  caufes 
perfonally  or  by  the  affiftance  of  fuch  counfel 
or  attornies  at  law  as  by  the  rules  of  the  faid 
courts  refp  Actively  fhall  be  permitted  to  manage 
and  conduct  caufes  therein.  And  there  fhall 
be  appointed  in  each  diftrict  a  meet  perfon 
learned  in  the  law  to  act  as  attorney  for  the 
United  States  in  fuch  diftrict,  who  fhall  be 
fworn  or  affirmed  to  the  faithful  execution  of 
his  office,  whofe  duty  it  fhall  be  to  profecute 
in  fuch  diftrict  all  delinquents  for  crimes  and 
offences,  cognizable  under  the  authority  of  the 
United  States,  and  all  civil  actions  in  which 
the  United  States  fhall  be  concerned,  except 
before  the  fupreme  court  in  the  diftrict  in  which 
that  court  fhall  be  holden.  And  he  fhall  receive 
as,  a  compenfation  for  his  fervices  fuch  fees  as 
mall  be  taxed  therefor  in  the  refpective  courts 
before  which  the  fuits  or  profecutions  fhall  be. 
And  there  mall  alfo  be  appointed  a  meet  perlon 
learned  in  the  law,  to  act  as  attorney-general 
for  the  United  States,  v/ho  fhall  be  fworn  or 
affirmed,  to  a  faithful  execution  of  his  office  ; 
whofe  duty  it  fhall  be  to  profecute  and  conduct 
all  fuits  in  the  fupreme  court  in  which  the  Uni- 
ted States  fhall  be  concerned,  and  to  give  his 
advice  and  opinion  upon  queflions  of  law  when 
required  by  the  Prefident  of  the  United  States, 
or  when  requefted  by  the  heads  of  any  of  the 


[    75    J 

departments^  touching  any  matters  that  may 
concern  their  departments,  and  fhall  receive 
fuch  compenfation  for  his  fervices  as  ihali  by 
law  be  provided. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 

JOHN  ADAMS,  Vice-Prefident  of  the  Unit<3 
States,  and  Prejident  of  the  Senate. 

APPROVED,  September  the  24th,  1789: 

GEORGE  WASHINGTON, 

Preftdent  of  the  United  Staffs. 


CHAPTER     XXL 

An  Aft  to  regulate  ProceJ/es  in  the  Courts  of  the 
United  States. 

(EXPIRED.} 


CHAPTER     XXII. 

An  Aft  to  explain  and  amend  an  Aft,  intituled, 
"  An  Aft  for  regiftering  and  clearing  'vejjels^ 
Regulating  the  coqfting  Trade,  and  for  otfer 
Purpofes." 

(EXPIRED,} 


[    76    ] 
CHAPTER     XXIIL 

I  An  Aft  making.  Appropriations  for  the  Service 

of  the  prefent  Tear. 

'•  Sedion  i.TTJE  //  enatfed  by  the  Senate  and 
JD  Houfe  of  Reprefentatives  of  the 
Specific  ap-  United  States  of  America  in  Congrefs  affembled, 
That  there  be  appropriated  for  the  fervice  of 
es  the  prefent  year,  to  be  paid,  out  of  the  monies 
*  *  which  arife,  either  from  the  requifitions  here- 
tofore  made  upon  the  feveraLftates,  or  from 
the  duties  en  impofl  and  tonnage,  the  follow- 
ing furns,  viz.  A  fum  not  exceeding  two  hun- 
dred and  fixteen  thoufand  dollars  for  defraying- 
the  expences  of  the  civil  lift,  under  the  late  and 
prefent  government ;  a  fum  not  exceeding^one 
hundred  and  thirty-feven  thoufand  dollars  for 
defraying  the  expences  of  the  department  of 
war  ;  a  Turn,  not  exceeding  one  hundred  and 
ninety  thoufand  dollars  for  difcharging  the 

';ufo  to  dlf-  .  ^       ,   !          !       t  -          ,        -     -,       r  r 

Charge  war-  warrants  iilued  by  the  late  board  or  trealury^ 
rants  of  late  anj  remaining  unfatisfied  :  and  a  fum  not  ex- 

lioard  of  , .  .          °  .          r        i     i    1 1  r 

treafury,^  ccedmg  ninety-fix  thoufand  dollars  tor  paying 
forpenfi«.n8  t]le  penfions  to  invalids. 

tOlUVUlKiS.  *• 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United 
States,  and  Prefideni  of  the  Senate.. 

APPRO VJED,  September  the  29th,  1789  ; 

GEORGE  WASHINGTON^ 

Pre/ident  of  the  United  States., 


C    77    1 
CHAPTER     XXIV, 

An  A  ft  providing  for  the  Payment  of  the  Invalid 

Ptnfioners  of  the  United  States. 

(EXPIRED.} 


CHAPTER    XXV. 

An  Aft  to  recognize  and  adapt  to  the  Conftitution 
cf  the  United  States  the  Eftablijhment  of  the 
Troops  raifed  under  the  Refohes  of  the  Uni- 
ted States  in  Congrefs  affembled^  and  for  other 
Purpofes  therein  mentioned. 
(EXPIRED.} 


CHAPTER     XXVI. 

An  Aft  to  allow  the  Baron  de  Glaubeck  the  Pay 

of  a  Captain  in  the  Army  of  the  United  States. 

(PRIVATE.} 


CHAPTER     JXVII. 

An  Aft  to  alter  the  Time  for  the  next  Meeting 
of  Congrefs. 


ACTS 

PASSED    AT    THE 

SECOND     SESSION 

O   F      T   H   E 

FIRST    CONGRESS 

O  F    T  H  E 

United  States  of  America, 

BEGUN  AND  HELD  AT  THE  CITY  OF  NEW-YORK, 

On  Monday  the  Fourth  of  January, 

IN  THE  YEAR  M,DCC,XC  : 

AND     OF     THE 

Independence  of  the  United  States 
THE  FOURTEENTH. 


\ 


ACTS 

O    F 

CONG      RESS, 


CHAPTER     I. 

An  Acl  for  giving  Effeft  to  the  jcveral  A&s 
therein  mentioned^  in  Rcfpefl  to  the  State  of 
North '-Carolina,  and  other  Purpofes* 
(REPEALED.) 


CHAPTER     II. 

An  Ad  providing  for  the  Enumeration  of  the  In* 
habitants  of  the  United  States. 

Se&ion  i.  "DE  //  enabled  by  the  Senate  and 
JJ  Houfc  of  Reprefentatives  of  the 
United  States  of  America  In  Congrefs  affembled, 
That  the  marfhals  t>f  the  feveral  diftrifts  of 
the  United  States,  (hall  be,  and  they  are  here- 
by  authorized  and  required  to  caufe  the  num-  the  0.  states 
ber  of  the  inhabitants  within  their  refpeftive 


diftricls  to  be  taken  ;  omitting  in  fuch  enu-  tion>  and  ia 
meration  Indians  not  taxed,  and  diftinguifhing  what  mgde' 
free  perfons,  including  thofe  bound  to  fervice 
for  a  term  of  years,  from  all  others;  diftinguim- 
ing  alfo  the  lexes  and  colours  of  free  perfons, 
VOL.  I.  L 


tanu. 


[      82      ] 

ahd  the  free  males  of  fixteen  years  and  up- 
wards from  thofe  under  that  age  ;  for  effect-* 
P-^  ing  which  purpofe  the  marfhals  fhall  have  pow- 
er to  appoint  as  many  aftflants  within  their 
fefpective  diflricts  as  to  them  fhall  appear  ne- 
ceffary ;  affigning  to  each  affiflant  a  certain 
divifion  of  his  diflrict,  which  divifion  fhall  con- 
fifl  of  one  or  more  counties,  cities,  towns, 
townfhips,  hundreds  or  parifhes,  or  of  a  ter* 
ritory  plainly  and  diftinctly  bounded  by  wa- 
ter courfes,  mountains,  or  public  roads.  The 
marfhals  and  their  afliflants  fhall  refpectiveiy 
,  take  an  oath  or  affirmation,  before  fome  judge 

marflials  &  .    n .  r      ,  '     ,  .  ,  .    J    ,   q 

affiftants  to  or  jtiftice  or  the  peace,  refident  within  their 
take  an       refpective  diflricts,  previous  to  their  entering- 

oath.  ..r  r    i         i  i          i  •         r\ 

on  the  .dilcharge  or  the  duties  by  this  act  re- 
quired. The  oath  or  affirmation  of  the  marfhat 
fhall  be,  "  I,  A*  B.   marfhal  of  the  diflrict  of 
do  folemnly  fwear  (or  affirm) 

Form  of  the  that  I  will  well  and  truly  caufe  to  be  made,  i 
a  jufl  and  perfect  enumeration  and  defcription 
of  all  perfons  refident  within  my  diflrict,  and 
return  the  fame  to  the  Prefident  of  the  United 
States,  agreeably  to  the  directions  of  an  act  of 
CongrefS)  intituled,   "  An  act  providing   for 
the  enumeration   of  the  inhabitants    of  the 
United  States,"   according  to  the  bed  of  my 
ability."    The  oath  or  affirmation  of  an  affif- 
tant  mall  be,  "  I,  A.  B.  do  folemnly  fwear  (or 
affirm)  that  I  will  make  a  jufl  and  perfect  enu- 
meration and  defcription  of  all  perfons  refident 
within  the  divifion  adigned  to  me  by  the  mar- 
fhal of  the  diftrict  of  and  make 
due  return  thereof  to  the  faid  marfhal,  agree- 
ably to  the  directions  of  an  act  of  Congrefs, 
intituled*  "  An  Act  providing  for  the  enume- 
ration of  the  inhabitants  of  the  United  States," 
according  to  the  befl  ©f  my  ability."    Ths 


r 


com 
2nd 


enumeration  mall  commence  on  the  firft  Mon- 

^ay  in  Auguft  next,  and  mall  clofe  within 

nine  calendar  months  thereafter  ;  The  feveral 

affiflants  (hall,  within  the  faid  nine  months-, 

tranfmit  to  the  marfhals,  by  whom  they  mail 

be  refpectively  appointed,  accurate  returns  of 

all  perfons,  except  Indians  not  taxed,  within 

their  refpedive  divifions,  which  returns  mail  Rcturng  S£V 

be  made  in  a  fchedule,  diitinguiming  the  fe-  i>c  i>y  fchc- 

veral  families  by  the  names  of  their  matter,  dule' 

jniftrefs,  fteward,  overfeer,  or  other  principal 

perfon  therein,  in  manner  following,  that  is  to 

fay  : 

The  number  of  perfons  within  my  divifion, 
confifting  of  appears  in  a  fchedule 

hereunto  annexed,  fubfcribed  by  me  this 
day  of  179 

A.  B.  afFiftant  to  the  marmal  of 

SCHEDULE  of  the  whole  Number  of  Perjltis     Form  of  th<» 
within  the  Divifion  allotted  to  A.  B.  fcheduic. 


Names  of 

free  white 

Tret  Wute 

N'fC  -white 

All  other 

oiavc= 

heads    of 

males  of  ibc. 

males    un- 

U males, 

free  per- 

families. 

tew  years&. 

der  futeen 

including 

fons. 

upwards,. 

years. 

heads  of  fa 

including 

milies. 

heads  of  fa- 

milies. 

Sec.    2.    And  be  it  further  enacted ',    That 
every  amilant  failing  to  make  return,  or  mak-  A 
ing  a  falfe  return  of  the  enumeration  to  the 
rnarfhal,  v/ithin  the  time  by  this  a<^l  limitted, 
fliall  forfeit  the  fum  of  two  hundred  dollars. 

Sec.  3.  And  be  it  further  enacled.  That  the  mnrf;,v-  to 
marfhals  fhall  file  the  feveral  returns  aforcfaid,  file  return 
with  the  clerks  of  their  refpecHve  diftricl  courts, 
who  are  hereby  directed  to  receive  and  careful-  th 
3y  preferve  the  fame  :  And  the  marfhals  ref- 


r  84  : 

peftively  fhall,  on  or  before  the  firft  day  of 
thereof  to  September,  one  thoufand  feven  hundred  and 
the  Prefi-  ninety-one,  tranfmit  to  the  Prefident  of  the 
before  thT  United  States,  the  aggregate  amount  of  each 
i  ft  of  sept,  defcription  of  perfons  within  their  refpective 
I791"  diftri&s.  And  every  marfhal  failing  to  file  the 

returns  of  his  affiftants,  or  any  of  them,  with 
failing  fo  to  the  clerks  Of  their  respective  diftrict  courts,  or 

do.  penalty  -  ...  .         A  r          t 

fc? .  failing  to  return  the  aggregate  amount  ot  each 

defcription  of  perfons  in  their  refpedive  dif- 
tricts,  as  the  fame  fhall  appear  from  faid  returns., 
to  the  Prefident  of  the  United  States,  within 
the  time  limitted  by  this  aft,  fhall,  for  every 
fuch  offence,  forfeit  the  fum  of  eight  hundred 
dollars  ;  all  which  forfeitures  fhaii  be  recover- 
able in  the  courts  of  the  diftricls  where  the 
offences  fhall  be  committed,  or  in  the  circuit 

How  rcco-  courts  to  be  held  within  the  fame,  by  adion  of 
debt,  information  or  indictment ;  the  one  half 
thereof  to  the  ufe  of  the  United  States,  and 
the  other  half  to  the  informer  ;  but  where  the 
profecution  fhall  be  firfl  inftituted  on  behalf 
of  the  United  States,  the  whole  fhall  accrue  to 
their  ufe.  And  for  the  more  effectual  difcove- 
ry  of  offences,  the  judges  of  the  feveral  diflrid 
courts>  at  tnen"  next  kffions  to  be  held  after 
the  expiration  of  the  time  allowed  for  making 
the  returns  of  the  enumeration  hereby  direct- 
ed, to  the  Prefident  of  the  United  States,  fha41 
give  this  act  in  chtirge  to  the  grand  juries,  in 
their  refpedive  courts,  and  fhall  cauie  the  re- 
turns of  the  feveral  afliftants  to  be  laid  before 
them  for  their  infpedion. 

Sec.  4.  And  be  It  further  enacted,  That  eve- 

Affiftant*  ry  am^ant  ma*l  receive  at  tn^  rate  of  one  dol- 
rateof  com-  Jar  for  every  one  hundred  and  fifty  perfons  by 
fam  returned,  where  fuch  perfons  refide  in  tlje 
country,  and  where  fuch  perfons  refide  in  a 


C    85    3 

city,  or  town,  containing  more  than  five  thou- 
fand  perfons,  fuch  afliftant  fhall  receive  at  the 
rate  of  one  dollar  for  every  three  hundred  per- 
fons ;  but  where,  from  the  difperfed  fituation 
of  the  inhabitants  in  fome  divifions,  one  dollar 
for  every  one  hundred  and  fifty  perfons  fhali 
be  infuliicient,  the  marfhals,  with  the  approba- 
tion of  the  judges  of  their  refpeclive  diftricls, 
may  make  fuch  further  allowance  to  the  aflif- 
tants  in  fuch  divifions  as  fhall  be  deemed  an 
adequate  compenfation,  provided  the  fame 
does  not  exceed  one  dollar  for  every  fifty 
perfons  by  them  returned.  The  feveral  mar- 
ihals  fhall  receive  as  follows  :  The  marfhal  of 
the  diftricl  of  Maine,  two  hundred  dollars  ;  the 
marfhal  of  the  diftricl  of  New-Hampfhire,  two  their  ' 
hundred  dollars ;  the  marfhal  of  the  diftricl:  of 
Maffachufetts,  three  hundred  dollars  ;  the  mar- 
ihal  of  the  diftricl  of  Connecticut,  two  hundred 
dollars  ;  the  marfhal  of  the  diftricl  of  New- 
York,  three  hundred  dollars  ;  the  marfhal  of 
the  diftricl  of  New-Jerfey,  two  hundred  dol- 
lars ;  the  marfhal  of  the  diftricl  of  Pennfylva- 
nia,  three  hundred  dollars ;  the  marfhal  of  the 
diftricl  of  Delaware,  one  hundred  dollars  ;  the 
marfhal  of  the  diftricl  of  Maryland,  three  hun- 
dred dollars  ;  the  marfhal  of  the  diftricl  of  Vir- 
ginia, five  hundred  dollars  ;  the  marfhal  of  the 
diftricl  of  Kentucky,  two  hundred  and  fifty 
dollars  ;  the  marfhal  of  the  diftricl  of  North- 
Carolina,  three  hundred  and  fifty  dollars  ;  the 
marfhal  of  the  diftricl  South-Carolina,  three 
hundred  dollars  ;  the  marfhal  of  the  diftricl  of 
Georgia,  two  hundred  and  fifty  dollars.  And 
to  obviate  all  doubts  which  may  arife  refpecl- 
ing  the  perfons  to  be  returned,  and  the  man- 
ner of  making  returns, 

Sec.   5.  Be  it  enabled.  That  every  perfun 


C     86    3 

P^ace  °f  abode  mall  be  in  any  fa* 
on  ^e  aforefaid  firft  Monday  in  Auguft- 
next,  fhall  be  returned  as  of  fuch  family  ;  and 
the  name  of  every  perfon,  who  fhall  be  an  in* 
habitant  of  any  diftricr.,  but  without  a  fettled 
place  of  refidence,  fhall  b£  inferted  in  the  co- 
lumn of  the  aforefaid  fchedule,  which  is  allot- 
ted for  the  heads  of  families,  in  that  divifion 
\vhere  he  or  me  fhall  be  on  the  faid  firft  Mon- 
day in  Auguft  next,  and  every  perfon  occa- 
fionaliy  abfent  at  the  time  of  the  enumeration, 
as  belonging  to  that  place  in  which  he  ufually 
refides  in  the  United  States. 

Sec.  6.  And  be  it  further  enacled^  That  each 
what  er-  anc^  every  perfon  more  than  fixteen  years  of 
fen  of  a  fa-  age,  whether  heads  of  families  or  not,  belcng- 
reti5e?an  *n&  to  any  fam%  within  any  divifion  of  a  dif- 
accountof  tricl  made  or  eftablifhed  within  the  United 
bersXre-  States,  (hall  be,  and  hereby  is  obliged  to  ren- 
»n,  der  to  fuch  afiiftant  of  the  divifion,  a  true  ac- 

count if  required,  to  the  beft  of  his  or  her 
knowledge,  of  all  and  every  perfon  belonging 
to  fuch  family  refpectively,  according  to  the 
feveral  defcriptions  aforefaid,  on  pain  of  for- 
feiting twenty  dollars,  to  be  fued  for  and  reco-. 
verec*  by  fuch  afliftant,  the  one  half  for  his 
.  own  ufe,  and  the  other  half  for  the  ufe  of  the 
United  States. 

Sec.  7.  And  be  it  further  enaEled^  That  each 

afliftant  fhall,  previous  to  making  his  return 

Copies  of    to  the  marihal,  caufe  a  correcl  copy,  figned  by 

the  fche-    himfelf,  of  the  fchedule,  containing  the  num- 

clule  in  each  .  r   .    ,  .......    .7.  •» 

divifiou  to   ber  or  mnabitants  within  his  diviiion,  to  be 
be  fet  up  at  fej;  up  at  two  of  the  moft  public  places  within 

public    pla-     \-    "r  i  •        r          i        •     r        r\  • 

ces,  and  the  fame,  there  to  remain  for  the  inipeccion  or 
ajj  concerned  ;  for  each  of  which  copies  the 
faid  afliftant  fhall  be  entitled  to  receive  two 
dollasa,  provided  proof  of  a  copy  of  the  fche* 


C  87   3 

dale  having  been  fo  fet  up  and  fuffered  to  re- 
main, iliall  be  tranfmitted  to  the  marfhal,  with 
the  return  of  the  number  of  perfons ;  and  in 
cafe  any  afliftant  fhall  fail  to  make  fuch  proof 
to  the  marfhal,  he  Ihall  forfeit  the  compenfa- 
tion  by  this  aft  allowed  him. 
FREDERICK  AUGUSTUS  MUHLENBERG', 
Speaker  of  the  Houfe  of  Reprefentatives. 
JOHN  ADAMS,  Vice-Preftdcnt  of  the  United 
States,  and  Prefident  of  the  Senate. 
APPROVED,  March  the  ift,  1790: 

GEORGE  WASHINGTON, 
Prefident  of  the  United  States. 


CHAPTER    III. 

An  Ad  to  eftablijh  an  uniform  Rule  of  Naturali* 
nation. 

,       (REPEALED.) 


CHAPTER    IV. 

An  Aft  making  Appropriations  for  the  Support 
of  Government,  for  the    Year   one  thoufand 
/even  hundred  and  ninety* 

Se&ion  i,  T)E  it  cnafted by  the  Senate  and 
JL^  Houfe  of  Reprefentatives  of  the 
United  State? of  America  in  Congrefs  ajjembled, 
That  there  be  appropriated  for  the  fervice  of 
the  year  one  thoufand  feven  hundred  and  nine- 
ty, to  be  paid  out  of  the  monies  arifmg  from 


t     83     3 

Appropri-   the  duties  on  imports  and  tonnage,  the  follow- 
Xe*0*     mg  fums,  to  wit :  A  fum  not  exceeding  one 
arifmg        hundred  and  forty-one  thoufand,  four  hun- 
tie8mforUthe  dred  and  ninety-two  dollars,  and  feventy-three 
eiviiuft;     cents,  for  defraying  the  expences  of  the  civil 
lift,  as  ellimated  by  the  Secretary  of  the  Trea- 
fury,  in  the  ftatement  annexed  to  his  report 
made  to  the  Houfe  of  Reprefentatives  on  the 
ninth  day  of  January  laft,  including  therein  the 
Contingencies  of  the  feveral  executive  officers, 
war  de-       which  are  hereby  authorized  and  granted ;  and 
jpartment ;   ajfo?  a  fum  nO(;  exceeding  one  hundred  and 
fifty-five  thoufand,   five   hundred  and  thirty- 
feven  dollars,  and  feventy-two  cents,  for  de- 
fraying the  expences  of  the  department  of  war; 
Pennons  to  and  the  farther  fum  of  ninety-fix  thoufand,  nine 
invalids,      hundred  and  feventy-nine  dollars,  and  feventy- 
two  cents,  for  paying  the  penfions  which  may 
become  due  to  the  invalids,  as  eftimated  in  the 
ftatements  accompanying  the  aforefaid  report* 
Sec.  2.  And  be  it  further  enabled.  That  all  trie 
expences  arifmg  from,  and  incident  to  the  fef- 
fions  of  Congrefs,  which  may  happen  in  the 
courfe  of  the  aforefaid  year,  agreeably  to  laws 
heretofore  patted,  fhall  be  defrayed  out  of  the 
monies  arifmg  from  the  aforefaid  duties  on  im- 
ports and  tonnage. 

Sec.  3.  And  be  it  further  enaEled^  That  the 
Contingent  Prefident  of  the  United  States  be  authorized 
govern-  °f  to  ^raw  fr°m  tne  treafury  a  fum  not  exceeding 
for  ten  thoufand  dollars,  for  the  purpofe  of  defray- 
ing the  contingent  charges  of  government,  to 
be  paid  out  of  the  monies  arifing  as  aforefaid 
from  the  duties  on  imports  and  tonnage  ;  and 
that  he  caufe  a  regular  ilatement  and  account 
ef  fuch  expenditures  to  be  laid  before  Congrefs 
HT  the  end  of  the  vear. 


E    89    ] 

Sec.  4.  Andbe  it  further  enaffcd.  That  a  fum  certain  rpc- 
:  --one hundred  andforty-feventhcu-  CIll>:  ?c~   . 

£        j       j  •         j    11  j    mancU;an« 

us  hundred  and  fixty-mne  dollars,  and 
ir  cents,  be  appropriated  cut  of  the  ino- 
•nijs  arifing  as  ai  from  the  duties  on: 

ports  and  tonnage,  for  difcharging  the  demands 
'.*h  exift  ;  ;he  United  States,  as  fpeci- 

.-fied  by  the  Secretary  of  the  Treafury  in  his  re- 
port made  to  the  Houfe  of  Representatives  on 
'the  fir  ft  :h  inftant,  including  therein  a 

•provifion  for  building  a  light-houfe  on  Cape-  [;;"h; ' 
Henry  in  the  ilate  of  Virginia,  and  for  defray- 
ing the  e  i  arifing  from  the  act,  intituled^  Jr??^* 
"  An  act  for  the  eflablillimerit  and  fupport  of 
light-houfes,  beacons,  buoys,  and  public  piers. " 

Sec.  5.  And  be  it  further  enacted.  That  out 
of  the  aforefaid  appropriation  of  one  hundred 
and  forty-feven  thoufaild  one  hundred  and  fix-  oi.t  of 
tv-nine  dollars  and  fifty-four  cents,  the  payment  ^ 
of  the  following  fums,  not  heretofore  provided 
.for  by  law,  and  eftimated  in  the  aforefaid  re-  ^IJ'^^^" 
port  of  the  Secretary  of  the  Treafury  of  the  by  luw.a 

1  of  March  inflant,  is  hereby  authored  and 
intended  to  be  made,  to  wit  :  For  the  ex- 
pences  of  the  late  office  of  foreign  affairs,  fix 
hundred  and  fifty  dollars  :  To  Roger  Alden, 
for  his  fervices,  including  h]  •  expen 

and  the  allowance  to  his  clerks,  eight  h 
.and  feventy-th.-  ;rs,  and  feventy  cents  : 

the  late  commiflioner  for  fettling  the  ac- 
its  of  the  departments  of  the  late  quarter- 
inafter-general,  and    conimifHiries  general  of 
purchales  and  iifues,  for  his  own  and  clerk's 
fervices,  from  the  eighth  of  May  to  the  fint  of 
Auguft,  one  thoufand  feven  hundred  and  c: 
ty-nine,  one  thoufand  and  ten  dollars,  and  fif- 
ve   c^nts  :    To  the  late  com;uiilioner  for 

VOL,  I.  M 


[     9°     ] 

fettling  the  accounts  of  the  late  marine,  cloth*, 
^ng,  and  hofpital  departments,  for  his  own  and 
clerk's  fervices,  from  the  eighth  of  May  to  the 
third  of  Auguft,  one  thouiand  feven  hundred 
and  eighty-nine,  fix  hundred  and  twenty-eight 
dollars,  and  twenty-fix  cents  :  To  the  late  com- 
miflioner  for  adjufting  the  accounts  of  the  fe- 
cret  and  commercial  committees  of  Ccngrefs, 
for  his  falary  from  the  firft  of  July  to  the  third 
of  Auguft,  one  thoufand  feven  hundred  and 
eighty-nine,  one  hundred  and  feventy-four  dol- 
lars, and  fixteen  cents :  For  defraying  the  ex- 
traordinary expences  of  the  late  President  of 
Congrefs,  three  hundred  and  eighteen  dollars, 
and  fifty-three  cents  :  For  paying  falaries  to 
the  late  loan-officers  of  the  feveral  dates,  from 
the  thirtieth  day  of  June  to  the  thirty-firf  I  day 
o-f  December,  one  thoufand  feven  hundred  and 
eighty-nine,  including  office-charges,  fix  thou- 
fand feven  hundred  and  twenty-five  dollars  : 
For  paying  the  intereft  due  on  the  loans  made 
by  the  Secretary  of  the  Trc-afury,  two  thoufand 
four  hundred  and  fourteen  dollars,  and  fixty- 
cne  cents. 

Sec.  6.  And  be  it  further  enafted^  That  the 

furn  of  one  hundred  and  twenty  dollars,  be  paid 

out  of  the  monies  arifing  from  the  aforefaid 

duties  on  imports  and  tonnage,   to  Jehoiakim 

For  Trhoja-  M'Tokfin,  in  full  compenfetion  for  his  fervices 

kim  MC-     as  an  interpreter  and  guide  in  the  expedition 

Tokim,       commanded  by  major-general  Sullivan,  in  the 

year  one  thoufand  feven  hundred  and  feven  ty- 

nine  ;  and  alfo  the  fum  of  ninety-fix  dollars 

Tames  Ma-  7  .  ,          .  ^  '  ,. 

the™,  .?nd   to  James  Mathers  and   Gitiord  Dalley,  each, 
o.  Daiky.  £or  fervices  during  the  late  recefs  of  Congrefs. 

Sec.   7.  And  be  it  further  enacted.  That  the 
Prdident  of  tke  United  States  be  authorifed  tQ 


C   §'    3 

ampewer  the  Secretary  of  the  Treafury,  if  he  P 
fhall  deem  it  neceifary,  to  make  fuch  loans  as  Jrfy 
may  be  requisite  to  carry  into  effect  the  forego-  thuriae 
ing  appropriations,  for  the  re-payment  of  which  |£*£*  tooofl 
the  aforefaid  duties  on  imports  and  tonnage  thcfe  aP- 
ihall  be,  and  are  hereby  pledged. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  lioufe  of  Reprefcntatives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United 
States,  and  Prcfident  of  the  Senate. 

APPROVED,  March  twenty-fixth,  1790: 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


CHAPTER     V. 

An  Aft  to  prevent  the  Exportation  of  Goods  not 
duly  infpefied  according  to  the  Laws  of  the 
federal  States. 

Section  i.  TOE  //  enaded  by  the  Senate  and 
JJ  Houfe  of  Representatives  of  the 
United  States  of  America  in  Congrefs  ajjembled^ 
That  the  colleftors  and  other  officers  of  the 
cufldVns  in  the  feVeral  ports  of  the  United 
States,  be,  and  they  are  hereby  directed  to  pay  tiu  Cc;rt.m 

1  T  •      r         ^  '  i  r     i  n  cate  of  m~ 

due  regard  to  the  mfpection-laws  of  the  Kates  fpe,9.ion 
in  which  they  may  refpe&ively  acl,  in  fuch  man-  Prodaced« 
ner,  that  no  veffel  having  on  board  goods  lia- 
ble to  infpedion,  (hall  be  cleared  out  until  the 
matter  or  other  proper  perfon  jfhall  haye 


L     9*     1 

ilacctl  fuch  certificate,  that  all  fuch  goods  have 
been  duly  infpeded,  as  the  laws  of  the  re 
live  dates  do  or  may  require  to  be  produced  to 
collectors  or  other  officers  of  the  cultoms. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentativcs. 

JOHN  ADAMS,  Vice-Pre/jcknt  of  the  Uniicd 
States,  and  Prcfident  of  the  Senate* 

APPROVED,  April  the  ad,   1790  : 

GEORGE  WASHINGTON, 

Prcfident  of  the  United  States* 


C  H  A  P  T  E  R     VI. 

Recital  of     An  Aft  fo  accept  a  Ccffion  of  the  Claims  of  the 
the  deed  of       §taje  Of  North-Carolina*  to  a  certain  Dtftricl 

n,  bv  .  TTr  J  CT- 

thefcnaton       cfnc/iern  lernttiry. 

vt  N.  Caro- 

]Sedthc  A  DEED  of  ceffion  having  been  exccu- 
states ;  and  JT\_  ted,  and  in  the  Senate  offered  for  ac- 
ceptance to  the  United  States,  of  the  claims  of 
the  ilate  of  North  Carolina,  to  a  diftricl  of 
territory  therein  defcribed  ;  which  deed  is  in 
the  words  following,  viz. 

To  all  whojhallfee  thefe  Prefcnts. 

We,  the  underwritten  SAMUEL  JOHNSTON  and 
BENJAMIN  HAWKINS,  Senators  in  the  Con- 
grefs  of  the  United  States  of  America,  du- 
ly and  confiitutionally  chofen  by  the  Legif- 
iature  of  the  date  of  North-Carolina,  fend 
greeting. 


r  93  ] 

WHEREAS  the  General  Affembly  of  the 
of  North-Carolina,  on  the  day 

of  December,  in  the  year  of  our  Lord  one  thou- 
fand  feven  hundred  and  eighty-nine,  palled  an 
act,  entitled,  "  An  Ad  for  the  purpoie  of 
ceding  to  the  United  States  of  America,  cer- 
tain weftern  lands  therein  defcribed,"  in  the 
words  following,  to  wit : 

WHEREAS   the  United  States  in  Congrefs 
affembled,  have  repeatedly  and  earneftly  re- 
commended to  therclpcftive  dates  in  the  Union,  of  thc 
claiming  or  owning  vacant   weftern  territory,  the 


to  make  ceflicns  of  part  of  the  fame,  as  a  fur-  J"art^°bv  ™ 
rher  means,  as  well  of  haftening  the  extinguim-  which  the 
ment  of  the  debts,  as  of  eftablifhing  the  harmo-  thffauT 
iiy  of  the  United  States  ;  and  the  inhabitants  dtcd  '*. 
of  the  faid  weftern  territory  being  alfo  defirous  a' 
that  fuch  C'jfiicn  ihould  be  made,  in  order  to 
obtain  a  more  ample  protection  than  they  have 
heretofore   received :    Now  this   ftate,  being 
ever  defirous  of  doing  ample  juftice  to  the  pub- 
lic creditors,  as  well  as  the  eftabliihing  the  har- 
mony of  the  United  States,  and  complying  wit  li- 
the reafonable  defires  of  her  citizens ;   Be  it 
enacted  by  the  General  Affembly  of  the  Jlaie  of 
North 'Carolina,  and  it  is  hereby  ciiacled  by  the 
authority  cf the  fame,  Tl  Senators  of  this 

ftate,  in  the  Congrefs  of  the  United  States,  or 
one  of  the  Senators  and  any  two  of  the  Repre- 
fentatives  of  this  ftate  in  the   Congrefs  of  the 
United  States,  are  hereby  authorifed,  empow- 
ed  and  required  to  execute  a  deed  or  deeds  on 
the  part  and  behalf  of  this  ftate,  conveying  to 
the  United  States  of  America,  all  right,  title  BOI,rr.- 
and  claim  which  this  ftate  has  to  the  fovereignty  ;i.r'i  condi- 
and  territory  of  the  lands  fituated  within  the  !_'. 
chartered  limits  of  this  ftate,  weft  of  a  line  be- 
dnnine;  on  the  extreme  hcicrht  of  thc  Si- 


['    94     ] 

Mountain,  at  the  place  where   the  Virginia 

and    condi-     i«  e   CL     •  t  t  t 

tarns  of  the  *me  interjects  it ;  running  thence  along  the  ex- 
ception,' treme  height  of  the  faid  mountain,  to  the  place 
where  Wataugo  River  breaks  throughit;  thence 
a  direct  courfe  to  the  top  of  the  Yellow  Moun- 
tain, where  Bright's  Road  croffes  the  fame  ; 
thence  along  the  ridge  of  laid  mountain,  be- 
tween the  waters  of  Doe  River  and  the  waters 
of  Rock  Creek,  to  the  place  where  the  road 
croffes  the  Iron  Mountain  ;  from  thence  along 
the  extreme  height  of  faid  mountain,  to  where 
Nolichucky  River  runs  through  the  fame ; 
thcrce  to  the  top  of  the  Bald  Mountain  ; 
thence  along  the  extreme  height  of  the  faid 
mom-tain,  to  the  Painted  Rock,  on  French 
Broad  River  ;  thence  along  the  higheft  ridge 
of  the  laid  mountain,  to  the  place  where  it  is 
called  the  Great  Iron  or  Smoaky  Mountain  ; 
thence  along  the  extreme  height  of  the  laid 
mountain,  to  the  place  where  it  is  called  Uni- 
coy  or  Unaha  Mountain,  between  the  Indian 
towns  of  Ccwee  and  Old  Chota  ;  thence  along 
the  main  ridge  of  the  faid  mountain,  to  the 
fourhern  boundary  of  this  (late,  upon  the  fol- 
lowing exprcis  conditions,  and  fubj eel  thereto; 
that  is  to  fay  :  Fir/I,  That  neither  the  lands 
nor  inhabitants  wcitward  of  the  faid  mountain 
ihall  be  eftimated  after  the  cemon  made^  by 
virtue  of  this  act  (hall  be  accepted,  in  the  ai- 
certaining  the  proportion  of  this  ftate  with  the 
United  States,  in  the  common  expence  occaii- 
oned  by  the  late  war.  Secondly,  That  the  lands 
laid  off,  or  directed  to  be  laid  off  by  any  act  or 
acts  of  the  General  Affembly  of  this  ftate,  for 
the  officers  and  ibldiers  thereof,  their  heirs  and 
aiiigns  reflectively,  mall  be  and  enure  to  the 
ufe  and  benefit  of  the  faid  officers,  their  heirs 
and  aiTigns  reipedively  ;  and  if  the  bounds  of 


[     95     ] 

the  faid  lands  already  prefcribed  for  the  c :~ 
n^d  foldL  ihite, 

llr.ill  not  contain  a  fu  .  of  lands 

fit  for  cultivation,  to  make  go;  i  pro- 

vliions   intended   by  law,  th. 
foldier,  or  his  ahi  m:e,  who  mall  fall  (hort  of  his 
,ient  or  proportion,  after  all  the  la;:         ; 
fur  cultivation  within  the  laid  bou 
propriated,  be  p;  • 
fuch  part  thereof  as  may  be 
other  part  of  the  faid  terrkory  i.  : 

I  by  virtue  of  th,     •  iready  a] 

:d.    And  where  entries  have  I -.    i 
.tble  to  lav/,  and  ti  i    . 

3:ed  by  grant  or  otherwise,  then,  ai 
that  cafe,   the  Governor  for  the  ti. 
mall,  and  he  is  hereby  required  to  perfect, 

to  time,  fuch  titles,  in  fuch  mariner  as  if 
this  act  had  never  been  palled.  And  that  all 
entries  made  by,  or  grants  made  to  ail  and 
ev^ry  p^rfon  or  perions  whatfoeyer,  agreeable 
to  law,  and  within  the  limits  hereby  intended 
to  be  ceded  to  the  United  States,  (hail  have  the 
fame  force  and  effect  as  if  fuch  ceilion  had  not 
been  made  ;  and  that  all  and  every  right  of  oc- 
cupancy and  pre-emption,  and  every  oilier 
right  referved  by  any  act  or  acts  to  perions  fet- 
tled on,  and  occupying  lands  within  the  limits 
of  the  lands  hereby  intended  to  be  ceded  as  afor  e- 
faid,  mail  continue  to  be  in  full  force,  in  the 
fame  manneras  if  the  ceflion  had  not  been : 
and  as  conditions  upon  which  the  faid  lands 
are  ceded  to  the  United  States.  And  further, 
it  fha-11  be  underflood,  that  if  any  petfon  or  p-~r- 
fons  (hall  have,  by  virtue  of  the  act,  entitled, 
"  An  act  for  opening  the  land-office  for  the 
redemption  of  fpecie  and  other  certificates,  and 
difcharging.the  arrears  due  to  the  army,"  paf- 


E    95    ] 

,ar.;cs  fed  in  the  year  one  thoufand  ieven  hundred 


and  condi-  and  eighty-three,  made  his  or  their  entry  in 
*Xfthc  the  office  ufually  called  John  Amilrong's  of- 
fice, and  located  the  fame  to  any  ipot  or  piece 
of  ground,  on  which  any  ether  pericn  or  per- 
fons  fhail  have  previoi.  ny  entry  or 

entries,  that  tli  ,  the  perfon 

or  perfons  :  or  entries, 

or  the:;  have  leave, 

and  be  at  full  liberty  i,  .       '^cation 

of  inch  cr.try  or  cr  •  d«  on  which 

no  entry  has  been  fpecialiy  located,  or  on  any 
vrcant  lands  incliu  'hiiits  of  the 

lands  hereby  intended  to  be  ceded  :  Provided^ 
That  nothing  herein  contained  (hall  extend  or 
be  conitrucd.  to  extend  to  the  makir.g  good 
any  entry  or  entries,  or  any  grant  or  grants 
heretofore  declared  void,  by  any  act  or  ads  of 
the  General  Ailembiy  of  this  Hate.  Thirdly^ 
That  all  the  lands  inter;-  be  ceded  by  vir- 

tue of  this  aft  to  the  U<  ?:es  of  America, 

and  not  appropriated   as    bei;  :;tioned, 

ihall  be  confidered  as  a  common  fund  for  the 
ufe  and  benefit  of  the  United  States  of  Ameri- 
ca, North-Carolina  inclufive,  according  to 
their  refpeftive  and  ufual  proportion  in  the 
neral  charge  and  expenditure,  and  {hall  be 
faithfully  difpofed  of  for  that  purpofe,  and  for 
no  other  ufe  or  purpofc  whatever.  Fourthly^ 
That  the  territory  fo  ceded,  Ihall  be  laid  out 
"Died  ini.:,  a  flare  or  dates,  containing  a 
faitable  fextent  of  I  .",  the  inhabitants  of 

which'  .vileges,  benefits  and 

>  let  ibrth  in  the  ordinance  of  the 
late  G 

tern  Terrft-    -  :  is  to 

iay,  \-  r   the  Congrefs  of  the  United 

.-.:    i!vi]l  '  rr-  '}T^    '':     j      >     ;•"'     "  i  H  V     tr?i,JlflIH^ted 


C    97    ] 

ID  the  executive  authority  of  this  flute,  an  au- 
thenticated  copy  of  the  act  to  be  patted  by  the 
Congrefs  of  the  United  States,  accepting  the 
ceflion  of  territory  made  by  virtue  of  this  act, 
under  the  exprefs  conditions  hereby  fpecified, 
the  faid  Congrefs  mall  at  the  fame  time  afTuine 
the  government   of  the  faid  ceded  territory, 
which  they  fhall  execute  in  a  manner  fnniiar 
to  that  which  they  fupport  in  the  territory  weft 
of  the   Ohio  ;    mail  protect  the  inhabitants 
againfl  enemies,  and  fhall  never  bar  or  deprive 
them  of  any  privileges  which  the  people  in  the 
territory  well  of  the  Ohio  enjoy  ;    Provided 
always.  That  no  regulations  made  or  to  be 
made  by  Congrefs,  fhall  tend  to  emancipate 
flaves.  Fifthly,  That  the  inhabitants  of  the  faid 
ceded  territory  fhall  be  liable  to  pay  fuch  fums 
of  money,  as  may,  from  taking  their  cenfus, 
be  their  juft  proportion  oi  the  debt  of  the  Uni- 
ted States,   and  the  arrears  of  the  requifitions 
of  Congrefs  ou  this  ftate.    Sixthly,  That  all 
perfons  indebted  to  this  ftate,  refilling  in  the 
territory  intended  to  be  ceded  by  virtue  of 
this  act,  fhall  be  held  and  deemed  liable  to 
pay  fuch  debt  or  debts  in  the  fame  manner, 
and  under  the  fame  penalty  or  penalties  as  if 
this  aft  had  never  been  palled.     Seventhly, 
That  if  the  Congrefs  of  the  United  States  do 
not  accept  the  ceffion  hereby  intended  to  bs 
made,    in  due  form,  and  give  official  notice 
thereof  to  the  executive  of  this  ftate,  within 
eighteen  months  from  the  pafling  of  this  act, 
then  this  act  fhall  be  of  no  force  or  effect 
whatfoever.  Eighthly,  That  the  laws  in  force 
and  ufe  in  the  ftate  of  North-Carolina,  at  the 
time  of  pafiing  this  act,  fhall  be,  and  continue 
in  full  force  within  the  territory  hereby  ceded, 
until  the  fame  fhall  be  repealed,  or  otherwife 
VOL.  I.  N 


C   98   ] 

Boundaries  altered  by  the  legiilative  authority  of  the  faid 
and  condi-  territory..  Ninthly,  That  the  lands  of  non-refi- 
ccffion, l  e  dent  proprietors  within  the  faid  ceded  territo- 
ry, fhall  not  be  taxed  higher  than  the  lands 
of  refidents.  Tenthly,  That  this  ad  fhall  not 
prevent  the  people  now  refiding  fouth  of 
French  Broad,  between  the  rivers  Tenefee  and 
Big  Pidgeon,  from  entering  their  pre-emptions 
in  that  traft,  mould  an  office  be  opened  for 
that  purpofe,  under  an  aft  of  the  prefent  Ge- 
neral Affembly.  And  be  it  further  enabled  by 
the  authority  aforefaid^  That  the  fovereignty 
and  jurifdiftion  of  this  flate,  in  and  over  the 
territory  aforefaid,  and  all  and  every  the  inha- 
bitants thereof,  fhall  be  and  remain  the  fame 
in  all  refpefts,  until  the  Congrefs  of  the  Uni- 
ted States  fhall  accept  the  ceilion  to  be  made 
by  virtue  of  this  aft,  as  if  this  aft  had  never 
paffed. 

Read  three  times,  and  ratified  in  General 
AfTembly,  the  day  of  December, 

A.  D.  1789. 

CHAs.  JOHNSON,  Sp.  Sen. 
S.  CABARRUS,  Sp.  H.  C." 
Now  therefore  know  ye,  That  we,  SAMUEL 
JOHNSTON  and  BENJAMIN  HAWKINS,  Sena- 
tors aforefaid,  by  virtue  of  the  power  and  au- 
thority committed  to  us  by  the  faid  aft,  and 
in  the  name,  and  for  and  on  behalf  of  the  faid 
flate,  do,  by  thefe  prefents  convey,  aflign,tranf- 
fer,  andfet  over  unto  the  United  States  of  Ame- 
rica, for  the  benefit  of  the  faid  flat.es,  North- 
Carolina  inclufive,  all  right,  title,  and  claim 
which  the  faid  ftate  hath  to  the  fovereignty 
and  territory  of  the  lands  fituated  within  the 
chartered  limits  of  the  faid  ftate,  as  bounded 
and  defcribed  in  the  above  recited  aft  of  die 
Genera!  Affembly,  to  and  for  the  ufes  and  pur- 


C    99     J 

pofes,  and  on  the  conditions  mentioned  in  the 
faid  aft. 

In  witnefs  whereof,  we  have  hereunto  fub- 
fcribed  our  names,  and  affixed  our  feals, 
in  the  fenate-chamber,  at  New- York,  this 
twenty-fifth  day  of  February,  in  the  year 
of  our  Lord,  one  thouiand  feven  hundred 
•and  ninety,  and  in  the  fourteenth  year  of 
the  independence  of  the  United  States  of 
America. 

SAM  :   JOHNSTON,  (L.  s.) 

BENJAMIN  HAWKINS.     (L.  s.) 

Jsigncd,  fcaled,  and  delivered 
in  the  p  refer,  ce  of 

SAM  :  A.  OTIS. 

Be  it  enabled  by  the  Senate  and  Honfe  of  Re- 
prefentat'wes  of  the  United  States  of  America  in 
Congrcfs  qffcmblcd^  That  the  faid  deed  be,  and  Accepted, 
the  fame  is  hereby  accepted. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United 
States,  and  Preftdent  of  the  Senate. 

APPROVED,  April  the  2d,  1790: 

GEORGE  WASHINGTON, 

Prcfident  of  the  United  States. 


CHAPTER     VII. 

An  Ac!  to  promote  the  Progrefs  of  ufefid  Arts. 
(REPEALED.} 


[       100       } 

CHAPTER     VIII. 

An  Aft  further  tofufpend  Part  of  an  Aft,  inti- 
iuled.  Aft  to  regulate  the  Collection  of  the  Du- 
ties impofcd  by  Law  on  the  Tonnage  of  Ships  or 
VeJ/els,  and  on  Goods,  Wares.,  and  Merch'an- 
difes,  i?nporU:i  into  the  United  States,"  and  to 
amend  the  /aid  Aft. 

(REPEALED*) 


CHAPTER     IX, 

An  Aft  for  the  Puntfhmcnt  of  certain  Crimes 
againjl  the  United  States. 

Section  i .   1T$  E  it  enafted  by  the  Senate  and 

Jfj  Hoitfe  of  Reprefentatives  of  the 

freafon,     United  States  of  America  in  Congrcfs  a/Jembled, 

JhalfSfc8  That  *f  anv  perfon  or  perfons,  owing  allegiance 

judged,       to  the  United   States  of  America,  {hall  levy 

ed  &ppul~  war  agairilt  them,  or  mall  adhere  to  their  en- 

nifliedj       emies,  giving'  them  aid  and  comfort  within  the 

United  States  or  eliewhere,  and  {hall  be  thereof 

convicted,  on  confemon  in  open  court,  or  on 

the  teftimohy  of  two  witneiTes  to  the  fame 

overt  act  of  the  treafon  whereof  he  or  they  mall 

ftand  indicted,  Inch  perfon  or  perfons  mall  be 

adjudged  guilty  of  treafon  againil  the  United 

States,  and  mall  fuffer  death. 

alfo  of  mif-       Sec.  2.  And  he  it  enafted,  That  if  any  perfon 
prition  of    or  perfons,  havinp-  kno\vledo-e  pf  the  comrnif- 

ti'Cafon.  r  c  r    i  P        \»  •  i      n      11 

lion  or  any  of  the  treafons  aiorelaid,  mall  con- 
cetti and  not  as  foon  as  may  be  difclofe  and 
make  known  the  fame  to  the  Proficient  of  the 
United  States,  or  feme  one  of  the  judges  there- 


of,  or  to  the  Prefident  or  Governor  of  a  parti- 
cular (late,  or  ibme  one  of  the  judges  or  jullices 
thereof,  fuch  perfon  or  perlbns  on  conviction 
fhall  be  adjudged  guilty  of  mifprinon  of  trea- 
fon,  and  mall  be  imprifoned  not  exceeding 
feven  years,  and  fined  not  exceeding  one  thou- 
fand  dollars. 


Scftt   3.    And  be  if  enacted,    That  if  any  Murder  i« 
perfon  or  perfons  fhall,  within  any  fort,  arfc-  :;:';'£c:ir;^ 
nal,  dock-yard,  magazine,    or   in    any  other  r.;n,a\vuU 
place  or  diftricfbf  country,  under  the  ible  and  dcath; 
exclufive  jurifdidlionof  the  United  States,  com- 
mit the  crime  of  wilful  murder,  fuch  perfon  or 
perfons  on  being  thereof  convicted,  fhall  iuf- 
fer  death. 

Seel:.  4.  And  be  it  alfo  ena&cd,  That  the 
court  before  whom  any  perfon  fhall  be  convic- 
ted of  the  crime  of  murder,  for  which  he  or  ?.nd  c«urt 
me  mail  be  fentenced  to  fiiffer  death,  may  at  "gj^f 
their  difcretion,  add  to  the  judgment,  that  the  i»*<iy  to  be 
body  of  fuch  offender  mail  he  delivered  to  a  diltocd' 
furgeon  for  diffecti&n  ;   and  the  marfhal  who  is 
to  caufe  fuch  fentence  to  be  executed,  fliall  ac- 
cordingly deliver  the  body  of  fuch  offender,  af- 
ter. execution  cone,  to  fuch  furgeon  as  the 
court  fhall  direct,  for  the  purpoie  aforefaid  : 
Provided,  That  fuch  furgeon,  or  fome  other 
perfon  by  him  appointed  for  the  purpofe,  fliall 
attend  to  receive  and  take  away  the  dead  body 
at  the  time  of  the  execution  of  fuch  offender. 

Sec.  5.  And  be  it  further  wafted.  That  if 
any  peribn  or  perlbns  fhall,  after  fuch  exccu- 
tion  had,  by  force  refcue  or  attempt  to  refcue 
the  body  of  fach  offender  out  of  the  ciiftody 
of  the  marfhal  or  his  officers,  during  the  con- 
veyance of  fuch  body  to  any  place  for  diiTec- 
tion  as  aforefaid  ;  or  fliall  by  force  refcue  or 


C 

attempt  to  refcue  fuch  body  from  the  houfe  of 
any  lurgeon,  where  the  fame  fhall  have  been 
dcpofited,  in  purfuance  of  this  a&  ;  every  per- 
fcn  fo  offending,  fhall  be  liable  to  a  fine  not 
exceeding  one  hundred  dollars,  and  an  im- 
p-rife nnicnt  sot  exceeding  twelve  months. 

Sec.  6.  And  be  it  enacted^  That  if  any  per- 
*"on  or  perfons  having  knowledge  of  the  achi- 
be      al  commililon  of  the  crime  of  wilful  murder 
cr  ot^er  felony,  upon  the  high  feas,  or  within 
any    fort,  arfenal,   dock-yard,  magazine,  or 
other  place  or  dittrict  of  country,  under  the 
fole  and  exclufive  jurifdiction  of  the  United 
States,  fhall  conceal,  and  not  as  foon  as  may  be 
difclofe  and  make  known  the  fame  to  fome  one 
of  the  judges  or  other  perfons  in  civil  or  mili- 
tary   authority  under  the  United  States,  on 
conviction  thereof,  fuch  perfon  or  perfons  fhall 
be  adjudged  guilty  of  mifprifion  of  felony.,  and 
mall  be  imprifoned  not  exceeding  three  years, 
and  fined  not  exceeding  five  hundred  dollars. 
Sec.  7.  And  be  it  enaftcd^  That  if  any  per- 
l  fon  or  perfons   fhall  within  any  fort,  arfenal, 
&c.  docL-yard,  magazine,  or  other  place  or  dif- 
n5hed.U"      tr*&  or*  country,  under  the  fole  and  exclufive 
jurifdiftion  of  the  United  States,  commit  the 
crime  of  man-flaughter,  and  fhall  be  thereof 
convicled,  fuch  perfon  or  perfons  fhall  be  im- 
prifoned not  exceeding  three  years,  and  fined 
not  exceeding  one  thoufand  dollars, 
piracy  and       Sec.  8.  A nd  be  it  enacled^  That  if  any  per- 
SKU"  cafes  f°n  or  perfons  fhall  commit  upon  the  high  feas, 
fiiaii  i-.e      or  in  any  river,  haven,  bafon  or  bay,  out  of 
w'hSe  tri-  tne  j^nfdiclion  of  any  particular  flate,  mur- 
ed and       der  or  robbery,  or  any  other  offence  which  if 
comnitrcd  within  the  body  of  a  county,  would 
by  the  lav/s  of  the  United  States  be  punifh- 


C   103    1 

able  with  death  ;  or  if  any  captain  or  mariner 
of  any  ihip  or  other  veiTel,  mall  piraticaliy  and 
felonioufly  run  away  with  fuch  ihip  or  veffel, 
or  any  goods  or  merchandize  to  the  value  c£ 
fifty  dollars,  or  yield  up  fuch  fhip  or  vefiel 
voluntarily  to  any  pirate ;  or  if  any  feamari 
ihall  lay  violent  hands  upon  his  commander, 
thereby  to  hinder  and  prevent  his  fighting  in 
defence  of  his  mip  or  goods  committed  to  his 
truft,  or  mail  make  a  revolt  in  the  ihip  ;  eve- 
ry fuch  offender  mall  be  deemed,  taken  and 
adjudged  to  be  a  pirate  and  felon,  and  being 
thereof  convicted,  ihall  fuffer  death  :  and  the 
trial  of  crimes  committed  on  the  high  feas5  or 
in  any  place  out  of  the  jurifcliction  of  any  par- 
ticular (late,  ihall  be  in  the  diftrict  where 
the  offender  is  apprehended,  or  into  which  he 
may  fir  ft  be  brought. 

Sec.  9.  And  be  it  enacted^  That  if  any  ci- 
tizen ihall  commit  any  piracy  or  robbery 
aforcfaid,  or  any  ad  of  hofcility  againft  the 
United  States,  or  any  citizen  thereof,  upon 
the  high  fca,  under  color  of  any  coiriinifBon 
from  any  foreign  prince,  or  ftate,  or  on  pre- 
tence of  authority  from  any  perfon,  fuch  of- 
fender ihall,  notwithstanding  the  pretence  of 
any  fuch  authority,  be  deemed,  adjudged  and 
taken  to  be  a  pirate,  felon,  and  robber,  and  on 
being  thereof  convicted,  ihall  fuller  death. 

Sec.    10.    And  be  it  enacled,    That   every 
perfon  who  (hall,    either  upon  the  land  or  ;r 
the  feas,  knowingly  and  wittingly  aid  and  af-  hm    j 
fiit,  procure,  command,  counfel  or  advife  any  m!lica- 
perfon  or  pcrfons,  to  do  or  commit  any  murder 
or  robbery,  or  other  piracy  aforefaid,  upon 
the  feas,  which  dial!  affect  the  life  of  fuch  per- 
fon, and  fuch  perfon  or  perfons  mall  there- 


upon  do  of  commit  any  fuch  piracy  or  rob- 
bery, then  all  and  every  fuch  perfon  fo  as 
aforefaid  aiding,  afTiiting,  procuring,  com- 
manding, counfelling  or  advinag  the  fame, 
either  upon  the  land  or  the  fea,  {hall  be,  and 
they  are  hereby  declared,  deemed  and  ad- 
judged to  be  acceflary  to  fuch  piracies  before 
the  fact,  and  every  fuch  perfon  being  there- 
of convicted  ihall  fufFer  death. 

Sec.  1 1 .  And  be  it  enafted^  Thai:  after  any 
murder,  felony,  robbery,  or  other  piracy  what- 
foever  aforefaid,  is  or  mall  be  committed  by 
any  pirate  or  robber,  every  perfon  who  know- 
ing that  fuch  pirate  or  robber  has  dene  or 
committed  any  fuch  piracy  or  robbery,  mall 
on  the  land  or  at  fea  receive,  entertain  or  con- 
ceal any  fuch  pirate  or  robber,  or  receive  or 
take  into  his  cuflody  any  fhip,  veflel,  goods 
or  chattels,  which  have  been  by  any  fuch  pi- 
rate or  robber  piratically  and  felonioufly  tak- 
en, (hall  be,  and  are  hereby  declared,  deemed 
r.nd  adjudged  to  be  accefiory  to  fuch  piracy 
or  robbery,  after  the  fact ;  and  on  conviction 
thereof,  mail  beimprifoned  not  exceeding  three 
years,  and  fined  not  exceeding  five  hundred 
dollars. 

Sec.    12.  And  be  it  entitled^   That  if  any 

Ctmfcchra-   r  ,  r          n     n  ' 

cy  to  be-    feaman   or   other  perfon   (hall  commit  man- 
come  pi-     (laughter  upon  the  high  feas,  or  confederate 

rates,  hew  O 

or  attempt  or  endeavour  to  corrupt  any  com- 
mander, mailer,  officer  ox  mariner,  to  yield 
up  or  to  run  away  with  any  {hip  or  veflel,  or 
with  any  goods,  wares,  or  merchandize,  or  to 
turn  pirate,  or  to  go  over  to  or  confederate 
with  pirates,  or  in  any  \vife  trade  with  any  pi- 
rate knowing  him  to  be  fuch,  or  mall  furnifli 
fuch  pirate  with  any  ammunition,  (lores  or 


t     "5    1 

^rovifions  of  any  kind,  or  fnall  fit  out  any 
Veffel  knowingly,  and  with  a  defign  to  trade 
v/ith  or  fupply  or  correfpond  with  any  pirate 
or  robber  upon  the  fea^s  ;  or  if  any  perfon  or 
perfons  fnall  any  ways  confult,  combine,  con- 
federate or  correfpond  with  any  pirate  or  rob- 
ber on  the  feas,  knowing  him  to  be  guilty  of 
any  fuch  piracy  or  robbery  ;  or  if  any  feaman 
mall  confine  the  mafter  of  any  (hip  or  other 
veffel,  or  endeavour  to  make  a  revolt  in  fuch 
fhip  ;  fuch  perfon  or  perfons  fo  offending,  and 
being  thereof  convicted,  mall  be  imprifoned 
riot  exceeding  three  years,  and  fined  not  ex- 
ceeding one  thoufand  dollars. 


Sec.  13.  nd  be  it  enacted.  That  if  any 
perfon  or  perfons,  within  any  of  the  places 
upon  the  land  under  the  fole  and  exclufive  jiuig«i 
jurifdi&ion  of  the  United  States,  or  upon  the 
high  feas,  in  any  veffel  belonging  to  the  Uni- 
ted States,  or  to  any  citizen  or  citizens  there- 
of, on  purpofe  and  of  malice  aforethought, 
fhall  unlawfully  cut  off  the  ear  or  ears,  or  cut 
out  or  difable  the  tongue,  ,  put  out  an  eye, 
flit  the  nofe,  cut  off  the  nofe  or  a  lip,  or  cut 
off  of  difable  any  limb  or  member  of  any  per- 
fon, with  intention  in  fo  doing  to  maim  or 
disfigure  fuch  perfon  in  any  the  manners  be- 
fore mentioned,  then  and  in  every  fuch  cafe 
the  perfon  or  perfons  fo  offending,  their  coun- 
fellors,  aiders  and  abettors  (knowing  of  and 
privy  to  the  offence  aforefaid)  mail  on  con- 
viction, be  imprifoned  not  exceeding  feven 
years,  and  fined  not  exceeding  one  thoufand 
dollars. 

Sec.  14.  And  be  it  enabled,  That  if  any  per- 
fon or  perfons  fhall  falfely  make,  alter,  forge 
«r  counterfeit,  or  caufe  or  procure  to  be  falfc- 

Vol..  I.  O 


Forgery,      jy  made,  altered,  for red,  or  counterfeited,  or 

What    caies      J  .,,.         ,  ~  /r-n    •  i         r   i~  i    • 

Hull  be  willingly  act  or  airnt  m  the  falie  making,  al- 
jndgrrc!,ai;d  tcr]ng9  forging  or  counterfeiting  any  certifi- 
iiifl-.ecL  cate,  indent,  or  other  public  fecurity  of  the 
United  States,  or  (hall  utter,  put  off,  or  of- 
fer, or  caufe  to  be  utttrred,  put  off  or  offered 
in  payment  or  for  fale  any  fucrr  falie,  forged, 
altered  or  counterfeited  certificate,  indeni  or 
other  public  fecurity,  with  intention  to  defraud 
any  peribn,  knowing  the  fame  to  be  falfe,  al- 
tered, forged,  or  counterfeited,  and  mail  be 
thereof  convicted,  every  fuch  perfon  mail 
fuffer  death. 

stealing  or  Sec.  1 5.  And  be  it  wafted,  That  if  any  per- 
nv^So?!"  (on  mail  felonioufiy  fleal,  take  away,  'alter, 
proceis,  falfify,  or  otherwife  avoid  any  record,  writ, 
puniflicd,  procefs,  or  other  proceedings  in  any  of  the 
courts  of  the  United  States,  by  means  where- 
of any  judgment  mail  be  reverfed,  made  void, 
or  not  take  effect,  or  if  any  perfon  {hall  ac- 
knowledge or  procure  to  be  acknowledged  in 
any  of  the  courts  aforefaid,  any  recognizance, 
bail  or  judgment,  in  the  name  or  names  of  any 
other  perfon  or  perfons  not  privy  or  confent- 
ing  to  the  fame,  every  fuch  perfon  or  perfons 
on  conviction  thereof,  {hall  be  fined  not  ex- 
ceeding five  thoufand  dollars,  or  be  imprifon- 
ed  not  exceeding  feven  years,  and  whipped 
not  exceeding  thirty-nine  ftripes.  Provided 
ne-verthelefs)  That  this  act  ffeali  not  extend  to 
K  the  acknowledgement  of  any  judgment  or 
judgments  by  any  attorney  or  attormes,  -duly 
admitted  for  any  perfon  or  perfons  againft 
whom  any  fuch  judgment  or  judgments  mail 
be  had  or  given. 

Sec.  1 6.  And  be  it  enafted^  That  if  ?.ny  per- 
fon  within  any  of  the  places  under  the  iole 
and  excluftve  jurudiftign  <?f  the  United  States* 


•r  unon  the  hi^h  feas,  (hall  take  and  carry 

°.  1-1        what  e-tie 

away,  with  an  intent  to  ibeal  or  purloin  the  a1Hn  be 
perfonal  goods  of  another  ;  or  if  any  perfon  Hs^.an 

.      O  f  7.  r  i         kow  Pu" 

or  perions,  having  at  any  time  hereafter  tl>j  uiiiied. 
charge  or  cuftody  of  any  arms,  ordnance,  mu- 
nition,  (hot,  powder,  or  habiliments  of  war 
belonging  to  the  United  States,  or  of  any  vic- 
tuals provided  for  the  victualing  of  any  foldi- 
crs,  gunners,  marines  or  pioneers,  iHall  for 
any  lucre  or  gain,  or  wit  finely,  advifedly,  and 
*  of  purpofe  to  hinder  or  impede  th    iervice  of 
the  United  States,  embezzle,  purlc-m  or  con- 
vey away  any  of  thefaid  arms,  ordnance,  mu- 
nition, fhoi  or  powder,  habiliments  of  war,  or  - 
victuals,  that  then  and  in  every  >f  the  c  • 
aforefaid,  the  perfon  or  perfoDS  ib  oi  •.'-ruling, 
their  counfellors,  aiders  and  abet"  ;"/w- 

ing  of  and  privy  to  the  offences  a  all, 

on  conviction,  be  fined  not  exceed::  ur- 

fold  value  of  the  property  ib  ftoien,  enu^ 
zled  or  purloined  ;  the  one  moiety  to  be  paid 
to  the  owner  of  the  goods,  or  the  United 
States,  as  the  cafe  may  be.  and  the  other 
moiety  to  the  informer  and  prcfecutor,  and 
be  publicly  whipped,  not  exc^cdij^  thirty- 
nine  ftripes. 

Sec.  17.  And  be  it  further  enaBed,  That  if  Rccc;Vr9 
any  perfon  or  perfons  within  any  part  of  the  off!  :tn 
jurifdiftion  of  the  United  States  as  aforefaid, 
fhall  receive  or  buy  any  goods  or  chattels  that 
fhall  be  feloniouily  taken  or  flolen  from  any 
other  perfon,  knowing  the  fame  to  be  ftoien, 
or  (hall  receive,  harbour  or  conceal  any  felons 
or  thieves,  knowing  them  to  be  fo,  he  or  they 
being  of  either  of  the  faid  offences  legally  con- 
vicled,  fhall  be  liable  to  the  like  punifruvLcnts 
as  in  the  cafe  of  larceny  before  are  prefcribed. 


r  108  i 

gee.  1 8.  And  be  it  enafted^  That  if  any  per* 
tttlhed.U"  fon  mall  wilfully  and  corruptly  commit  perju* 
ry,  or  mall  by  any  means  procure  any  perion 
to  commit  corrupt  and  wilful  perjury,  on  his 
or  her  oath  or  affirmation  in  any  fait,  contro- 
verfy,  matter  or  caufe  depending  in  any  of 
the  courts  of  the  United  States,  or  in  any  de- 
pofition  taken  purfuant  to  the  laws  of  the 
United  States,  every  perfon  fo  offending,  and 
being  thereof  convicted,  mail  be  imprifoned 
not  exceeding  three  years,  and  fined  not  ex- 
ceeding eight  hundred  dollars ;  and  fhall  ftand 
in  the  pillory  for  one  hour,  and  be  thereaf- 
ter rendered  incapable  of  giving  teflimony  in 
any  of  the  courts  of  the  United  States,  until 
fuch  time  as  the  judgment  fo  given  againft  the 
laid  offender  fhall  be  reverfed. 

Sec.  19.  And  be  it  enaBed^  That  in  every 
prefentment  or  indictment  to   be  profecuted 
tTouffor U"  againft  any  perfon  for  wilful  and  corrupt  per- 
perjury,       jury,  it  fhall  be  fufficient  to  fet  forth  the  fub- 
fidintctouf~  "ftance  of  the  offence  charged  upon  the  defen- 
fet  forth     dant,  and  by  what  court,  or  before  whom  the 
the  charge[  oatn  or  affirmation  was  taken,  (averring  fuch 
court,  or  perfon  or  perfons  to  have  a  compe- 
tent authority  to  adminifter  the  fame)  together 
with  the  proper  averment  or  averments  to 
falfify-the  matter  or  matters  wherein  the  per- 
jury  or  perjuries  is  or  are  affigned  ;  without 
fetting  forth  the  bill,  anfwer,  information,  in- 
dictment, declaration,  or  any  part  of  any  re* 
cord  or  proceeding,  either  in   law  or  equity, 
other  than  as  aforefaid,  and  without  fetting 
forth  the  commiffion  or  authority  of  the  court, 
or  perfon  or  perfons  before  whom  the  perjury 
\vas  committed. 

Sec.  20.  And  be  It  further  enafted.  That  in 
every  prefentment  or  indictment  for  fuborna* 


C     I09'   1 

tion  of  perjury,  or  for  corrupt  bargaining  or  aub.  in  pre- 
contracting with  others  to  commit  wilful  and  )'ccu?'°r'» 

°.  •      n      11  i        r    rr    •  r       r        i      for  lulun- 

corrupt  perjury,  it  ihall  be  lufhcient  to  let  forth  nation  of 
the  iubftance  of  the  offence  charged  upon  the  PcrJuT-- 
defendant,  without  fetting  forth  the  bill,  an* 
fwer,  information,  indictment,  declaration,  or 
any  part  of  any  record  or  proceeding,  either 
in  law  or  equity,  and  without  fetting  forth 
the  cormnhTion  or  authority  of  the  court,  or 
perfon  or  perfons  before  whom  the  perjury 
was  committed,  or   was  agreed  or  promifed 
to  be  committed. 

Sec.  21.  And  be  it  enafted^  That  if  any  per-  E..;i.cry 
fon  (hall,  directly  or  indirectly,  give  any  fum  wh.it 
-or  fums  of  money,  or  any  other  bribe,  pre-  ftSeJ*^ 
fent  or  reward,  or  any  promife,  contract,  obli-  how  pu- 
gation  or  fecurity,  for  the  payment  or  delivery  niillca- 
of  any  money,  pfefent  or  reward,  or  any  other 
thing  to  obtain  or  procure  the  opinion,  judg- 
ment or  decree  of  any  judge  or  judges  of  the 
United  States,  in  any  fuit,  controverly,  matter 
or  caufe  depending  before  him  or  them,  and 
ihall   be   thereof  convicted,  fuch   perfon  or 
perfons  fo  giving,  promifmg,  contracting  or 
fecuring  to  be  given,  paid  or  delivered,  any 
fum   or  fums  of  money,  prefent,   reward   or 
other  bribe  as  aforefaid,  and   the  judge  or 
judges  who  mail  in  any  wife  accept  or  receive 
the  fame,  on  conviction  thereof  (hall  be  fined 
and  imprifoned  at  the  difcretion  of  the  cour!  ; 
and  mail  forever  be  difqualified  to  hold  any 
office  of  honor,  truft  or  profit  under  the  Uni- 
ted States. 


Sec.  22.  And  be  it  enaffed)  That  if  any  per-  I'c 
fon  or  perfons  fliall  knowingly  and   wilfully  the  cx'cov 
obftruct,  refifl  or  oppofe  any  officer  of  the  tion  of  pro. 

•-TT    •       i     n  •"-.>•  •  cei  8.      how 

United  States^  in  lerving  or   attempting  to  pumtiicd. 


T    «o   ] 

ferve  or  execute  any  mefne  procefs,  or  War- 
rant, or  any  rule  or  order  of  any  of  the  courts 
of  the  United  States,  or  any  other  legal  or 
judicial  writ  or  procefs  whatfoever,  or  mall  a& 
fault*  beat  or  wound  any  officer,  or  other  per- 
fon  duly  authorised  in  ferving  or  executing 
any  writ,  rule,  order,  procefs  or  warrant 
aforefaid,  every  perfon  fo  knowingly  and  wil- 
fully offending  in  the  premifes,  fhall,  on  con- 
viction thereof,  be  imprifoned  not  exceeding 
twelve  months,  and  fined  not  exceeding  three 
hundred  dollars. 

Sec.  23.  And  be  It  further  enaded,  That  if 
,  any  Perf°n  or  perfons,  fhall  by  force  fet  at  ii- 

before  berty,  or  refcue  any  perfon  who  (hall  be  found 
pu-°n'  guilty  of  treafon,  murder,  or  any  other  capi- 

ed.  tal  crime,  or  refcue  any  perfon  convicted  of 
any  of  the  faid  crimes,  going  to  execution, 
or  during  execution,  every  perfon  fo  offend- 
ing, and  being  thereof  convicted,  mall  fuffer 
de?th  :  And  if  any  perfon  mall  by  force  fet 
at  liberty,  or  refcue  any  perfon  who  before 
conviction  {hall  (land  committed  for  any  of 
the  capital  offences  aforefaid  ;  or  if  any  per- 
fon or  perfons  lhall  by  force  fet  at  liberty,  or 
refcue  any  perfon  committed  for  or  convicted 
of  any  other  offence  againft  the  United  States, 
every  perfon  fo  offending,  mall,  on  convic- 
tion, be  fined  not  exceeding  five  hundred  dol- 
lars, and  imprifoned  not  exceeding  one  year. 

convic-  Sec.  24.  Provided  akvays,  and  be  it  enabled  ^ 
r  That  no  conviction  or  judgment  for  any  of 
of  the  offences  aforefaid,  {hall  -work  corruption 


forfekure       °f  bl°°d>  Of  ^Y  f°rfeiture  of  eftatC. 

of  eftate.  Sec.  25.'  And  be  it  enafted,  That  if  any  writ 
or  procefs  mall  at  any  time  hereafter  be  fued 
forth  or  profecuted  by  any  perfon  or  perfons, 


£    in    "] 

in  anv  fif  the  courts  of  the  United  States,  or 
in  any  of  the  courts  of  a  particular  ft  ate.  or  by  iourto 
ai:y  judge  or  juitice  therein  refpectively,  where-  ^'/''a  ~^r- 
1.  -  the  perfon  of  any  ambaifador  or  other  pub-  tkuiarfute 
lie  minifter  of  any  foreign  prince  or  ftate,  au-  Jf"°^j£ 
thorifed  and  received  as  fuch  by  the  Prefident  ft..,-,  void; 
of  the  United  States,  or  any  domeftic  or  do-  anti 
meftic   fervant    of  any   fuch    ambaifador    or 
other  public  minifter,  may  be  arrefted  or  im- 
prifoned,  or  his  or  their  goods  or  chattels  be 
diftrained,   feized  or  attached,  fuch  writ  or 
procefs  (hall  be  deemed  and  adjudged  to  he 
utterly  null  and  void  to  all  intents,  conftruc- 
tion  and  purpofes  whatfoever. 

Sec.   26.  And  be  it  emitted^   That  in  cafe  pc,rons..rav 
any  perfon  or  perfons  fnail  fue  forth  or  profe-  in?  t, 
cute  any  fuch  writ  or  procefs,  fuch  perfon  or  [,',!! J^cd!^ 
perfons,  and  all  attornies  or  folicitors  profe- 
cuting  or  foliciting  in  fuch  cafe,  and  ail  offi- 
cers executing  any  fuch  writ  or  procefs,  being 
thereof  convicted,  mall  be  deemed  violaters 
.of  the  laws  of  nations,  and  difturbers  of  the 
public  repofe,  and  imprifoned  not  exceeding 
three  years,  and  fined  at  the  discretion  of  the 
court. 

Sec.  27.  Provided  never thelefs,  That  no  ci- 
tizen or  inhabitant  of  the  United  States,  who  ^ -dL "I". 
mail  have  contracted  debts  prior  to  his  enter-  cept«i. 
ing  into  the  fervice  of  any  ambaifador  or  other 
public  minifter,  which  debts  mall  be  flill  due 
and  unpaid,  (hall  have,  take  or  receive  any 
benefit  of  this  aft.;  nor  mail  any  perfon  be 
proceeded  againft  by  virtue  of  this  aft,  for 
having  arrejted  -or  fued  any  other  domeftic 
fervant  of  any  ambarTador  or  other  public  mi- 
nifter, uniefs  the  name  of  fuch  fervant  be  firft 
regiftered  in  the  office  of  the  Secretary  of  State, 
and  by  fuch  Secretary  transmitted  to  rhc  vnr.r- 


t  "2  ] 

ihal  of  the  diflrift  in  which  Congrefs  fliall  re.- 
fidej  who  fliall  upon  receipt  thereof  affix  the 
fame  in  fome  public  place  in  his  office,  where- 
to all  perfons  may  refort  and  take  copies  with* 
out  fee  or  reward. 


^  That  if  any  per- 

foil  fliall  violate  any  fafe-conducl  or  paflport 
^Uty  obtained  and  iifued  under  the  authority 
of  public  of  the  United  States,  or  fliall  affault,  flrike, 
wound,  hnprifon,  or  in  any  other  manner  in- 
fract  the  law  of  nations,  by  offering  violence 
to  the  perfon  of  an  ambafiador  or  other  pub- 
lic minifler,  fuch  perfon  fo  offending,  on  con- 
viction, mall  be  imprifoned  not  exceeding- 
three  years,  and  fined  at  the  diicretion  of  the 
court. 


in  cafe?  of  Sec.  29'  ^n^  ^e  'lt  ena^ec^  That  any  per* 
treafon,  fon  who  fhall  be  accufed  and  indicted  of  trea- 
prifoner  fon  ^\\  }lave  a  COpy  of  the  indictment,  and 

ihall    have  '  fJ      .  , 

,opy  ct  ir.-  a  lilt  or  the  jury  and  witnelies,  to  be  produ- 
ila  ofThe  ce(^  on  ^e  tr^a^  proving  the  faid  indictment, 
jury&^it-  mentioning  the  names  and  places  of  abode  of 


witneffes  and  jurors,  delivered  unto  him. 
at  leaft  three  entire  days  before  he  mail  be  tri- 
in  other  ca-  cd  for  the  fame  ;  and  in  other  capital  offences, 

pital   cafes,     _  r      i  r      i         •     j-o 

ropy  of  in-  fhall  have  lucli  copy  or  the  indictment  and 


of  the  jury  two  entire  days  at  leaf!  before 

lift    ot    die  •    i  »        i      i  r  r  r     t 

jury  ;   aiio  the  trial  :  And  that  every  perlon  io  acculed 
Wed  "          aforefaid, 


{hall  alfo  be  allowed  and  admitted  to  make 
his  full  defence  by  counftl  learned  in  the  lawj 
and  th?  court  before  whom  fuch  perfon  fhall 
be  tried,  or  fome  judge  thereof,  fhall,  and 
they  are  hereby  authorifed  and  required  im- 
mediately upon  his  requeft,  to  affign  to  fuch 
perfon  fuch  counfel,  not  exceeding  twp,  as 
Cafch  perfon  fhall  defire,  to  whom  fuch  couii- 


C     "3     1 

fel  flinll  have  free  accefs  at  all  feafonable 
hours  ;  and  every  fuch  perfon  or  perfons  ac- 
cuicd  or  indicled  of  the  crimes  aforefaid,  fliall 
be  allowed  and  admitted  in  his  faid  defence  to 
make  any  proof  that  he  or  they  can  produce, 
by  lawful  witnefs  or  witnefles,  and  mall  have 
the  like  procefs  of  the  court  where  he  or  they  2i*i  proccft 
Ihall  be  tried,  to  compel  his  or  their  witnefles  '"  comPcl 

7        .  r        .  .  /*       11        f'ie     a'trc:1' 

to  appear  at  his  or  their  trial,  as  is  uliially  dance  of 
granted  to  compel  y/itnefies  to  appear  on  the  viint"«- 
profecution  againfl  them. 

Sec.  30.  And  be  it  further  enafted,  That  if  in  cafes  of 
any  perfon  or  perfons  be  indicted  of  treafon 
againft  the  United  States,  and  (hall  (land  mute  or 


refufe  to  plead,  or  mall  challenge  peremn'ori! 

i  i  i  «•      *  •  r  r     i      l  • 

above  the  number  of  tnirty-hve  of  the  jury  ;  ..ii;-  , 
or  ii  any  perfon  or  per  Ions  be  indicted  of  any 
other  of  the  offences  herein  before  fet  forth, 
for  which  the  punifliment  is  declared  to  be 
death,  if  he  or  they  fliall  alto  (land  mute  or 
will  not  anfwer  to  the  indictment,  or  challenge 
peremptorily  above  the  number  of  twenty  per- 
fons  of  the  jury  ;  the  court   in  any  of  ths  hmv  to  he 
cafes  aforefaid,  mail  notwithstanding  proceed  proceeded 
to  the  trhl  of  the  perfon  or  perfons  fo  (land-  a*aia(t> 
ing  mute  or  challenging,  as  if  he  or  they  had 
pleaded  not  guilty,  and  render  judgment  there- 
on accordingly. 

Sec.  31.  And  be  it  further  enafted,  That  the  No  benefit 
benefit  of  clergy  mall  not  be  ufed  or  allowed,  ££$££ 
upon  conviction  of  any  crime,  for  which,  by  thcpomfh- 
any  fhtute  of  the  United  Stales,  the  paniih. 
ment  is  or  fliall  be  declared  to  be  death. 

Sec.  32.  And  I*  It  further  enaftcd,  That  no 

;  genpn  or  perfons  mall  be  profecuted,  tried  or 

pimiflied  for  ^treafon  or  other  capital  offence 

aforefaid,  wilful  murder  or  forgery  excepted. 

Vo  L.I.  P 


C    "4   3 


fame  fhall  be  fount 

by  a  grand  jury  within  three  years  next  after 
or'"-hwca"  the  treafon  or  capital  offence  aforefaid  (hall  be 
pi  ai  of-      done  or  committed  ;  nor  fhall  any  perfon  be 
~ 


Prol~ecuted,  tried  or  punifhed  for  any  offence 
be  found     not  capital,  nor  for  any  fine  or  forfeiture  un- 

yVeaIi,nnor  ^  an7  Penal  ^atute»  unlefs  the  indidment  or 

m^  other  information  for  the  fame  fhall  be  found  or  in- 

within  zlefs  ^^tut:ecl  within  two  years  from  the  time  of 

years;  committing  the  offence,  or  incurring  the  fine 
or  forfeiture  aforefaid  :  Provided^  That  nothing 

ofcnderthe  nerem  contained  fhall   extend  to  any  perfon 

flee.  or  perfons  fleeing  from  juflice. 

punifh-  Sec.  33.   And  be  it  further  enacled,  That 

mentof      the  manner  of  inflicting   the  punifhment  of 

death,  fhall  be  by  hanging  the  perfon  convic- 

ted by  the  neck  until  dead. 

FREDERICK  AUGUSTUS  MUHLENBERG, 
Speaker  of  the  Honfe  of  Representatives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United 

States,  and  Prefident  of  the  Senate. 
APPROVED,  April  the  3oth,  1790  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


CHAPTER     X. 

A  n  Act  for  regulating  the  Military  FJtabliJJmeni 
of  the  United  States. 


C    115    1 

CHAPTER     XI. 

An  Aft  to  prefcribe  the  Mode  in  which  the  pub- 
lic Afls,  Records,  and  judicial  Proceedings,  in 
each  State,  Jhall  be  authenticated  fo  as  to  take 
Ejfed  in  every  other  State. 

BE  it  cnacled  by  the  Senate  and  Hottfe  of  Re- 
prefentati'ves  of  the  United  States  of  Ame- 
rica in  Congrefs  afTembled,  That  the  ads  of  the    g 
legislatures  of  the  fever  al  ftates  fhall  be  authen-  cords  and 
ticated  by  having  the  feal  of  their  refpedive  '}^™\. 
flates  affixed  thereto  :  That  the  records  and  i»g-  oi  the 
judicial  proceedings  of  the  courts  of  any  (late,  ,-j^™  how 
{hall  be  proved  or  admitted  in  any  other  court 
within  the  United  States,  by  the  atteflation  of 
the  clerk,  and  the  feal  of  the  court  annexed, 
if  there  be  a  feal,  together  with  a  certificate  of 
the  judge,  chief  juftice,  or  prefiding  magiitrate, 
as  the  cafe  may  be,  that  the  faid  atteiiation  is 
in  due  form.    And  the  laid  records  and  judi- 
cial  proceedings   authenticated  as   aforefaid, 
{hall  have  fiich  faith  and  credit  given  to  them 
in  every  court  within  the  United  States,  as 
they  have  by   lav/  or  ufage  in  the  courts  of 
the  (late  from  whence  the  faid  records  are,  or 
{hall  be  taken. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 
JOHN  ADAMS,  Vice-Prefident  of  the  United 

States,  and  Prcftdent  of  the  Senate. 
APPROVED,  May  twenty- fixth,  1790  : 

GEORGE  WASHINGTON, 
Prcftdent  of  the  United  Suites* 


C     "6     ] 
CHAPTER     XII. 

An  Acl  to  provide  for  mitigating  or  remitting  the 
Forfeitures  and  Penalties  accruing  under  the 
Revenue  Laws^  in  certain  Cafes  therein  men- 
tioned* 

Section  i  .   *¥3  E  //  enacled  by  the  Senate  and 
M-v-r'.t?rn  [j  Hottfc  of  Representatives  of  the 

~^~" 


r-r     •         »o  *••>•>  » 

e    United  States  of  America  in  Longrefs  q 

That  whenever  any  perfon  who  now  is,  or 

be   applied  r          n     11  i        i-   i  i  /*  i 

for;  and  hereafter  mall  be  liable  to  a  fine,  penalty  or 
forfeiture,  or  interefted  in  any  veffel,  goods, 
wares  or  merchandize,  cr  other  thing  which 
may  be  fubjecl  to  feizure  and  forfeiture^  by 
force  of  the  laws  of  the  United  States  now  ex- 
ifting,  or  which  may  hereafter  exifr.,  for  col- 
lecling  duties  of  impofl  and  tonnage,  and  for 
regulating  the  coafling  trade,  mall  prefer  his 
petition  to  the  judge  of  the  diftrici:  in  which 
fuch  line,  penalty  or  forfeiture  may  have  ac- 
crued, truly  and  particularly  fetting  forth  the 
circuniitances  of  his  cafe,  and  fhall  pray  that 
the  fame  may  be  mitigated  or  remitted  ;  the 
faid  judge  fliall  enquire  in  a  fummary  man- 
ner into  the  circumflanccs  of  the  cafe,  firfl 
cauiing  realbnable  notice  to  be  given  to  the 
perfon  or  perfons,  claiming  fuch  fine,  penalty 
or  forfeiture,  and  to  the  attorney  of  the  Uni- 
ted States  for  fuch  dirlrici,  that  each  may  have 
an  opportunity  of  fhewmg  caufe  againfl  the 
mitigation  or  remiflion  thereof;  and  fhall  caufe 
.  the  fads  which  (hall  appear  upon  fuch  enqui- 
ry, to  be  dated  and  annexed  to  the  petition, 
and  direcl  their  tranfmiilion  to  the  Secretary 

Wanted?  of  the  ^t^my  of  the  United  States,  who 
fhall  thereupon  have  power  to  mitigate  or  re- 
mit fuch  fine,  penalty  or  forfeiture,  or  any  part 


C     "7     ] 

thereof,  if  in  his  opnion  the  fame  was  incur- 
red without  wilful  iivgligcnce  or  an}-  intention 
of  fraud,  and  to  direC-  the  profecution,  if  any 
fhall   have  been   inftiiued  for  the  recovery 
thereof,  to   ceafe  and  L«  ^continued,  upon 
fuch  terms  or  conditions  \;  he  may  deem  rea- 
fonable   and  juft.     ProvLvf,    That  nothing  xot  to  ar. 
herein  contained  mall  be  Smftrued  to  affejft  ^ctcafcsof 
the  right  or  claim  of  r.r.y  p:,'bn,  to  that  part  JbrVSoa?' 
of  any  fine,  penalty  or  Ib^-iture,  incur 
by  breach  of  either  of  tin  laws   aforefaid, 
which  fuch  perfon  may  be  ei.itled  to  by  vir- 
tue cf  the  faid  laws,  in  cafes  i:ere  a  profecu- 
tlc-n   has   been   commenced,  r   informatio:i 
has  been  given  before  the  paffig  of  this  aft^.. 
the  amount  of  which  right  ancrhim  mall  be 
afiefled  and  valued  by  the  judgef  the  diitvi 
in  a  funiinary  manner. 

Sec.  2.  And  be  it  further  ciwc^  That  this  Contimt- 
aft  ihall  continue  and  be  in  for,  ui:tii   thc  ;;^COJ 
end  of  the  next  i-illcn  of  Conc-:^  and  no 
longer. 


FREDERICK  AUGUSTUS 

Speaker  cf  the  lloufc  of  Rcp:\ 

JOHN  ADAMS,  Vice-Prefidcnt  of  i  United 
Suites,  and  Prefidcnt  of  ifycimlc. 
APPROVED,  May  tweiijy-fixth,   17 

GEORGE  WASHIN(ioN, 

Prefidcnt  of  tb-:  V 


C     "3     1 
CHAPTER     XIII. 

An  Aft  to  continue  in  For-'e  an  Ac~l  paffed  at  the 
loft  Se/ion  of  Ccngr/f,  entitled,  "  An  Aft 
to  regulate  Procefes^  the  Courts  of  the  Uni- 


"6 

ted  States" 


IXPIRED.) 


C  HA  P  T  E  R     XIV. 

An  Aft  for  ti  Government  of  the  Territory  of 
the  Uniied'tolesifGuth  of  the  River  Ohio* 


(EXPIRED.) 


;  H  A  P  T  E  R     XV. 


An  Affir  ti}e  Encouragement  of  '  Learning,  by 
rccwg  the  Copies  of  Maps,  Charts  and  Books, 
to  f  .Authors  and  Proprietors  offuch  Copies, 
*'}e  Ti?ues  therein  Mentioned*" 


Se8>  I§  1*^  -^  **  enabled  by  the  Senate  and 

Authors  of  jfj  lioufm  of  Reprefentatives  of  the 

STt's  and  Urn  ^tes  of  America  in  Congrefs  a/e?nblcd, 

books  ;        f  j.  from  and  jifter  the  paffing  of  this  a£t, 

Author  and  authors  of  any  map,  chart,  book 

oooks  already  printed  within  thefe  United 

ces,  being  a  citizen  or  citizens  thereof,  or 

^clent  within  the  fame,  his  or  their  execu- 

s,  adminifirators  or  affigns,  who  hath   or 

ve  not  transferred  to  any  other  perfon  the 


t     IJ9     1 

copy-right  of  fuch  map,  chart,  book  or  books, 

mare  or  fhares  thereof;   and   any  other  per- 

fon  or  perfons,  being  a  citizen  or  citizens  of 

thefe  United  States,  or  refidents  therein,  his 

or  their  executors,  adminiilrators  or  afligns, 

•who  hath  or  have  purchafed  or  legally  acquired    ^SvciSJ 

the  copy-right  of  any  fuch  map,  chart,  hook  foie  right  of 

i         i          •  j  •  •  i  r/i  publication 

or  books,  m  order  to  print,  reprint,  pubhih  or  &c 

vend  the  fame,  fhall  have  the  ible  right  and 

liberty  of  printing,  reprinting,  publifhing  and 

vending  fuch  map,  chart,  book  or  books,  for 

the  term  of  fourteen  years  from  the  recording 

the  title  thereof  in  the  clerk's  office,   as  is  fl-ie  titie» 

herein  after  directed  :  And  that  the  author 

and  authors   of  any  map,  chart,    book    or 

books  already  made  and  compofed,  and  not 

printed  or  publifhed,  or  that  mall  hereafter 

^  made  and  compofed,  being  a  citizen  or  ci- 

tlz\is   of  thefe   United   States,    or   refident 

therGll5  anj  his  or  their   executors,  admini- 

ftrato>  or  affigns,  mall  have  the  fole  right  and 

liberty  \f  printing,  reprinting,  publilhing  and 

vending  i,cn  map5  Chart5  book  or  books,  for 

the  like  tcin  of  fourteen  years  from  the  time 

of  recording  the  title  thereof  in  the  clerk's 

office  as  aforeiid.    And  if,  at  the  expiration 

of  the  faid  tern    the  author   or  authors,  or  .Wo< 

any  of  them,  be  :vingj  and  a  citizen  or  citi-  21 

zens  of  thefe  Unit,]  States,  or  refident  there-    e'"m> 

in,  the  lame  exclufio  r;^nt  fnan  be  continued 

to  him  or  them,  his  *r  their  executors,  adrni- 

niftrators  or  affigns,  !T  the  further  term  of  years; 

fourteen  years:  ProvL,^  he  or  they  mall 

caufe  the  title  thereof  toSe  a  fecond  time  re-  recordin 

corded  and  publiihed  in  he  fame  manner  as  lhc  tul-» 

is  herein  after   directed,   ^j  that  within  fix 

months  before  the  expiratloi  Of  the  fir  ft  term 

©f  fourteen  years  aforefai  J, 


term  of 


L       120      ] 
~.,  Sec.    2.  And  be  it  further  exacted r,  That  it 

Otnei  re.-  r   1     *'          '    r  r  i      <• 

fons  pnnt-  any  other  perlon  .or  perlons,  from  and  alter 
whhout*      tne   recording  Jtjie  title   of  any  map,  chart, 
ccnfent  of    book  or  books,  and  publifhing  the  fame  as 
;!:'.wTo  be'    aforefaid,   and  within  the  times  limited   and 
prided    granted  by  this  ad,  mail  print,  reprint,  pub- 
puniiiLd?d  h'fli,  or  import,  or  caufe  to  be  printed,  reprint- 
ed, published,  or  imported  from  any  foreign 
kingdom  or  (late,  any  copy  or  copies  of  fuch 
map,  chart,  book  or  books,  without  the  con- 
fent  of  the  author  or  proprietor  thereof,  fir  (I 
had  and   obtained  in  writing,  figned   in  the 
prefence  of  two  or  more  credible  witneffes  ; 
cr  knowing  the  fame  to  be  fo  printed,  reprinted^ 
or  imported,  (hall  publifh,  fell,  or  expofe  to 
ialc,  or  caufe  to  be  publimed,  fold,  or  expofed 
to  fale,   any  copy  of  ,  chart,  book 

or  books,  wklioLii:  fuch  conlcut  firft  had  ar(' 
obtained  in  writing  as  aforefaid,  then  fud~Ci~ 
fender  or  offenders  fliall  forfeit  all  and-VG17 
copy  and  copies  of  fuch  map,  chart,  J°°fl  or 
books,  and  ail  and  every  meet  and  fteeiis,  be- 
ing part  of  the  fame,  or  either  of  t^m5 to  tne 
author  or  proprietor  of  fuch  map  chart,  book 
or  books,  who  fnall  forthwith  de-f^y  the  feme : 
And  every  fuch  offender  an/offerufers  mall 
alfo  for,  pay  the  fu:m/f  fifty ^cents  for 

every  meet  which  ihaii  be  f^rjd  in  his  or  taeir 
poiicrlion,  either  printed  f  printing,  publilh- 
cd,  imported  or  expofe^0  "fale,  contrary  to 
the  true  intent  and  ni/^g  of  this  aft,  the 
one  moiety  thereof  to/ne  author  or  proprie- 
tor of  fuch  map,  cMt,  book  or  books  who 
fliall  Hie  for  the  farA  :i!1'^  tRe  other  moiety 
thereof,  to  and  for  j&  ufe  of  the  United  States, 
to  be  recovered  by/a^ion  of  debt  in  any  court 
of  record  in  theA-i-d  States,  wherein  the 
lame  is  cognizple.  Frowded  always,  Tkat 


;.  ill 


,    [    «.    J 

h  nftion  be  commenced  within  one  year 
alter  the  caufe  of  action  mail  arife,  and  not 
afterwards. 

Sec.  3.  And  be  It  further  enabled r,  That  no 
perfon  fhall  be  entitled  to  the  benefit  of  this 
aft,  in  cafes  where  any  map,  chart,  book  or  the  benefit 
books,  hath  ©r  have  been  already  printed  and 
publifhed,  unlefs  he  mall  fird  depofit,  and  in 
all  other  cafes,  unlefs  he  mall  before  publica- 
tion depofit  a  printed  copy  of  the  title  of  fuch 
map,  chart,  book  or  books,  in  the  clerk's  of- 
fice of  the  didrift  court  where  the  author  or 
proprietor  (hall  refide  :  And  the  clerk  of  fuch 
court  is  hereby  direfted  and  required  to  re- 
cord the  fame  forthwith,  in  a  book  to  be  kept 
by  him  for  that  purpofe,  in  the  words  -follow- 
ing, (giving  a  copy  thereof  to  the  faid  author 
or  proprietor,  under  the  feal  of  the  court,  if 
he  ihall  require  the  fame.)  "  Didrift  of 

to  wit :  Be  it  remembered^  That  on  the 
day  of  in  the  year  of  the 

independence  of  the  United  States  of  America, 
A.  B.  of  the  faid  didrift,  hath  depo.fi ted  in 
this  office  the  title  of  a  map,  chart,  book  or 
books,  (as  the  cafe  may  be)  the  right  where- 
of he  claims  as  author  or-  proprietor,  (as  the 
cafe  may  be)  in  the  words  following,  to  wit : 
[here  infert  the  title  J  in  conformity 'to  the  aft 
of  the  Congrefs  of  the  United  States,  intitu- 
led, "  An  Aft  for  the  encouragement  of  learn- 
ing, by  fecuring  the  copies  of  maps,  charts, 
and  books,  to  the  authors  and  proprietors  of 
fuch  copies,  during  the  times  therein  mention- 
ed." C.  D.  clerk  of  the  didrift  of 
For  which  the  faid  clerk  mall  be  entitled  to 
receive  fixty  cents  from  the  faid  author  or 
proprietor,  and  fixty  cents  for  every  copy  un- 
der feal  actually  given  to  fuch  author  or  pro- 

VOL.  I.  O 


t 

prietor  as  aforefaid.  And  fuch  n.Trhor  or  pra-- 
prietor  mall,  within  two  months  horn  the  date 
thereof,  caufe  a  copy  of  the  faid  record  to  be 
publimed  in  one  or  more  of  the  n-iwfpapers 
printed  in  the  United  States,  for  the  (pace  of 
four  wreeks. 

Sec.  4.  And  be  it  further  enafted^  That  the 
r0c      author  or  proprietor  of  any  iuch  map,  chart, 
work  book  or  books,  mall,  within  fix  months  after 
y^f    the  publiihing  thereof,  deliver,  or  caufe  to  be 
delivered  to  the  Secretary  of  State  a  copy  of 
the  fame,  to  be  preferred  in  his  office. 

Noprohi-  Sec.  5*  And  be  it  further  enacted^  That  no- 
tntion  a-  thing  in  this  act  mall  be  conftrued  to  extend 
porting! re-  to  prohibit  the  importation  or  vending,  re- 
printing, printing  or  publifhinp;  within  the  United 
&c.  of  to-  o  r  \  *i  i 

teign  writ-  otates,  o*  any  map,   chart,   book  or  books, 

ings  or  pub-  written,  printcJ.  or  publimed  by  ?.ny  perfon 
not  a  citizen  of  the  United  States,  in  foreign 
parts  or  places  without  the  jurifdiclion  of  the 
United  States. 

Sec.    6.   And  be  it  further  enabled?    That 
Penalty  for  any  perfon  or  pcrfons  who  mall  print  or  pub- 
'  ""s    lifli  any  manufcript,  without  rhe  confent'and 
approbation  of  the  author  or  proprietor  there- 
of    oi,  firll  had  and  obtained  as  aforefaid,  (if  fuch 
the  authors,  author  or  proprietor  be  a  citizen  of,  or  reii- 
dent  in  thefe  United   States)  mall  be  liable 
to  fuffer  and  pay  to  the  faid  author  or  pro- 
prietor all  damages  occafioned   by  fuch  in- 
jury, to  be  recovered  by  a  fpecial  aclion  on 
the  cafe  founded  upon  this  act,  in  any  court 
having  cognizance  thereof. 

Per fons  Sec.  7.  And  be  it  further  enafted,  That  if 

m-  thing3 ~  any  perfon  or   perfons  mall  be  fued  or  pro- 

dotie. under  fecuted  for  any  matter,  act  or  thing   done 

way  Vive  under  or  by  virtue   of  this  act,  he  or  they 


C     "3     ] 

may    plead  the  general  ifiue,    and  give  th> 
fpecial  mazier  in  evidence.  c.,na. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Ehufe  of  Rcprefentatives. 

JOIiN  ADAMS,  Vice-Prefident  of  the  United 
States,  and  Prefident  of  the  Senate. 

APPROVED,  May  the  thirty-fir  It,  1790  : 
GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 

CHAPTER     XVI. 

An  Aft  for  finally  adjujlmg  and  fatisfying  the 
Claims  of  Frederick  William  De  Steuben. 

(PRIFATL.) 

CHAPTER     XVII. 

An  Ad  for  giving  Effeft  to  an  Aft,  intituled, 
"  An  Aft  to  cjlablijh  the  "judicial  Courts  of 
the  United  States,"  within  the  State  of  North- 
Carolina. 

Se&ion  i.  TJ  E  //  entitled  by  the  Senate  and 

JL3    Hovfe  ofRefrcfentatwes  of  the  Jud'Ja'aft 
United  Slates  of  America,  in  Cvngrefs  ojj^nibhd,  fori:eas  to 
That  the  ;ict,  intituled,  "  An  Aft  to  eftahlifh  N.  Ca  o- 
the  judicial  courts  of  the  United  States/'  fhall 
have  the  like  force  and  effect  \vithin  the  Rate 
of  North- Carolina,  as  elfewhere  within  the 
United  States. 

Sec.  2.  And  be  it  further  enabled,  That  the 
faid  flate  fhall  be  one  diftricl:,  to  be  called  Diftria 
North-Carolina  diftrid  ;  and  there  (hall  be  a  cmin.to 
court  therein,  to  coafift  of  one  judge 


who  fhall  refide  In  the  diftricl:,  and  be  called  » 
diftricl:  judge,  and  ihall  hold  annually  four 
feffions ;  the  firft  to  commence  on  the  firft 
Monday  in  July  next,  and  the  other  three  fef- 
fions progreilively  on  the  like  Monday  of  eve- 
ry third  calendar  month  afterwards.  The  fta- 
t-jd  diftricl:  court  (hall  be  held  at  the  town  of 
Newbern. 

Sec.  3.  And  be  it  further  enafted.  That  the 
f  ^  diftrifl:  fhall  be,  and  the  fame  is  hereby 

iouthern  .         _     '  .         .  .     .       J 

circuit.    .  annexed  to  the  fouthern  circuit :  And  there 
fhall  be  held  annually  in  the  faid  diftricl;  two 
court?       circuit  courts  ;  the  firft  feflion  of  the  circuit 
their  fef.     court  fhall  commence  on  the  eighteenth  day  of 
and    june  next^  tke  fecon(j  feffion  on  the  eighth  day 
of  November  next,  and  the  fubfequent  fef- 
ffons  on  the  like  days  of  every  June  and  No- 
vember afterwards,  except  when  any  of  the 
days  fhall  happen  on  a  Sunday,  and  then  the 
feflion  fhall  commence  on   the  next  day   fol- 
lowing.   And  the  feffions  of  the  faid  circuit 
courts  fhall  be  held  at  Newbern. 

Sec.  4.  And  be  it  further  enafted^  That  there 
(hall  be  allowed  to  the  judge  of  the  faid  dif- 
tricl,  the  yearly  compensation  of  fifteen  hun- 
dred dollars,  to  commence  from  his  appoint- 
ment, and  to  be  paid  at  the  treafury  of  the 
United  States  in  quarterly  payments. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Hoiife  of  Reprefentatives. 

JOHN  ADAMS,  Vice-Preftdent  of  the  United 
States,  and  Prefident  of  the  Senate. 

APPROVED,  June  the  fourth,  1790  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States* 


[       125      ] 

CHAPTER     XVIII. 


An  Ac!  fupplemenial  to  the  Acl  for 

the  Salaries  cf  the  Executive  Officers  of  Go~ 
vcrnmcnt,  with  their  AJfjftanU  and  Clerks.. 

BE  it  enacted  by  the  Senate  and  H  ufc  ofRe- 
prefentatives  'f  the  United  Stales  of  Ame- 
rica in  Congrefs  affembled,  That  the  more  ef- 
feftually  to  do  and  perform  the  duties  in  the 
Department  of  State,  the  Secretary  of  the  (aid 
department  be,  and  is  hereby  authorized  to  r'  ' 
appoint  an  additional  clerk  in  his  office,  who 
fliall  be  allowed  an  equal  falary,  to  be  paid  in 
the  fame  manner  as  is  allowed  by  law  to  the 
chief  clerk. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatroes. 

JOHN  ADAMS,  Vice-Preftdent  of  the  United 

States,  and  Prcfident  of  the  Senate. 
APPROVED,  June  the  fourth,  1790  : 

GEORGE  WASHINGTON, 

Prefidcnt  of  the  United  States. 


CHAPTER      XIX. 

An  Acl  for  giving  Efeft  to  the  fever  al  A3".  '  ' 
in  mentioned^  in  refpecl  to  the  Slate  of  & 
//land  and  Providence  Plantations. 
(REPEALED*) 


[       126      3 

CHAPTER     XX. 

An  Aft  for  the  Relief  of  Thomas  Jenkins  and 
Company. 

(PRIVATE.) 

CHAPTER.     XXI. 

*An  Aft  for  giving  Effect  to  an  Aft,  intituled, 
"  An  Aft  to  eftabtijh  the  Judicial  Courts  of  the 
United  States"  within  the  State  of  Rhode- 
Ifland  and  Providence  Plantations. 

Section  i»T5  E  /'/  enatled  by  the  Senate  and 

Jj  Houfe  of  Reprefentatives  of  the 

judicial  a<a  United  States  of  America  in  Congrefs  ajjembled, 

format  !o  That  t]?e  aa>  intituled,  "  An  aft  to  eftablifh 

K.  ifland.    the  judicial  courts  of  the  United  States,"  fhall 

have  the  like  force  and  effect  within  the  Hate 

of  Rhode- Ifland  and  Providence  Plantations, 

as  elfewhere  within  the  United  States. 

Sec.  2.  And  be  it  further  cnafted.  That  the 
faid  ftate  ft*11  be  one  diftrift,  to  be  called 
s,  &  Rhode-Ifland  diflrid  :  and  there  fhall  be  a 
diflricl:  court  therein,  to  confifl  of  one  judge, 
who  fhall  refide  in  the  diftricl:,  and  be  called 
a  diftricl:  judge,  and  fnall  hold  annually  four 
feffions ;  the  firft  to  commence  on  the  n'rft 
Monday  in  Auguft  next,  and  the  other  three 
feffions  progreflively  on  the  like  Monday  of 
every  third  calendar  month  afterwards.  The 
flated  diftricl:  court  mail  be  held  alternately 
where  held.  :lt  tne  towns  of  Newport  and  Providence,  be- 
ginning at  the  firft. 

Annexed  to       ^£C*  3«  And  be  it  further  enaflcd^  That  the 

.cafieracir-  faid  diftricl  fhall  be,  an4  the  fame  is  hereby 

annexed  to  the  eaftern  circuit :   And  there 


[     127   1 
fiall  be  held  annually  in  the  faid  diftricl  two 

.        X   n    r   —  r     .  .         .      roiu-tfc,their 

circuit  courts  ;  the  firit  fefiion  of  the  circuit  unions,  & 
court  ihall  commence  on  the  fourth  day  of  De- 
cember next,  the  fecond  feflion  on  the  fourth 
day  of  June  next,  and  the  fubfequent  feffions 
on  the  like  days  of  every  December  and  June 
afterwards,  except  when  any  of  the  days  mall 
happen  on  a  Sunday,  and  then  the  feflion  (hall 
commence  on  the  day  following.  And  the 
feffions  of  the  faid  circuit  courts  mall  be  held  x 
alternately  at  the  faid  towns  of  Newport  and 
Providence,  beginning  at  the  laft. 

Sec.  4.  And  be  it  further  ena fled,  That  there 
(hall  be  allowed  to  the  judge  of  the  faid  dif-  Saiarv  of 
trift,  the  yearly  compenfation  of  eight  hun-  thcJud«c- 
dred  dollars,  to  commence  from  his  appoint- 
ment, and  to  be  paid  at  the  treafury  of  the 
United  States,  in  quarterly  payments. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United 

States ,  and  Prefidcnt  of  the  Senate. 
APPROVED,  June  the  twenty-third,  1790: 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


for  outfit. 


G  H  A  P  T  E  R     XXtf. 

An  Act  providing  the  Means  of  Inter  coitrfs  bs- 
iween  the  United  Stales  and,  foreign  Nations. 

Section  i.  IDE  it  entered  by  the  Senate  and 
j[3  Honfe  of  Reprefeniatives  of  the 
''  United  States  of  America,  hi  Congrefs  qffeniblcd^ 
That  the  Prefident  of  the  United  States  fhall  be, 
and  he  hereby  is  authorized  to  draw  from  the 
16  treasury  of  the  United  States,  a  fum  not  ex- 
ceeding forty  thoufand  dollars  annually,  to  be 
paid  out  of  the  monies  ariimg  from  the  du- 
ties on  imports  and  tonnage,  for  the  fupport 
of  fuch  peribns  as  he  fhall  commiffion  to  lerve 
the   United  States   in  foreign  parts,  and  for 
the  expcnce  incident  to  the  bufmefs  in  which 
they  may  be  employed.    J&vuided,  That  ex- 
cluiive  of  an   outfit,    which  fhall  in  no  cafe 
exceed  the   amount  of  one  year's  full  falary 
to  the  minifter  plenipotentiary  or  charge  des 
affaires  to  whom  the  fame  may  be  allowed, 
the  Prefident  fhall  not  allow  to  any  minifter 
.     plenipotentiary  a  greater  fum  than  at  the  rate 
<>fmin:fk-s  of   nine    thoufand    dollars   per    annum,    as 
pknipotci-,-  a  compenfation  for  all  his   perfonal  fervices 

tiarv.  and  i  '     -TJ  r  r 

and  other  expences  ;  nor  a  greater  him  for 
the  fame,  than  four  thoufand  five  hundred 
dollars  per  annum  to  a  charge  des  affaires  j 
nor  a  greater  fum  for  the  fame,  than  one  thou- 
fand three  hundred  and  fifty  dollars  per  an- 
num  to  the  fecretary  ©f  any  minifter  plenipo- 
ary;  tentjary>  ^^  prQrOided  alfo,  That  the  Prefi- 
to  ac-  dent  fhall  accaunt  fpecifically  for  all  fuch  ex- 
penditures  of  the  faid  money  as  in  his  judg- 
ment may  be  made  public,  and  alfo '  for  the 
amount  of  fuch  expenditures  as  he  may  think 
it  advifeable  not  to  fpecify,  and  caufe  a  regu- 
lar ftatement  and  account  thereof  to  be  laid 


before  Congrefs  annually,  and  alfo  lodged  in 

the  proper  office  of  the  treafury  department. 

Sec.   1.    And  bs  it  further  enacled,  That 

J    ,  .        .      r  >         .         ance  of 

this  aft  mall  continue  and  be  in  force  for  the  *&*  aA. 
fpace  of  two  years,  and  from  thence  until  the 
end  of  the  next  fefiion  of  Congrefs  thereafter, 
and  no  longer. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Representatives. 
JOHN  ADAMS,  Vice-Prefident  of  the  United 
States  and  Prefident  of  the  Senate. 

APPROVED,  July  the  firft,  1790  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 

CHAPTER     XXIII. 

An  Aft  to  fatisfy  the  Claims  of  John  McCorJ 
again/I  the  Uniud  States. 

(PRIVATE.) 

CHAPTER     XXIV. 

An  Ad  for  the  Relief  of  Nathaniel  Twining. 


CHAPTER     XXV. 

An  Aft  for  giving  Effect  to  an  Att^  intituled., 
"  An  Ad  providing  for  the  Enumeration  of 
the  Inhabitants  of  the  United  States  J*  in  ref- 
pett  to  the  State  of  Rhode+lfland  and  Provi- 
dence Plantations. 

Se&ion  i  .   "|)  E  it  enabled  by  the  Senate  and 

JL)  Houfe  of  Reprefentatives  of  the 

United  States  of  America  in  Congrefs  ajfembled, 

That  the  acl  pafled  the  prefent  feffion  of  Con- 

grefs, intituled,  "  An  Ad  providing  for  the 

VOL.  I.  R 


numeration    • 


for  c-  enumeration  of  the  inhabitants  of  the  United 

• 

States,  mall  be  deemed  to  have  the  like  force 
^nc*  operation  within  the  ftate  of  Rhode- 
ifl^ndand  Providence  Plantations,  as  elfewhere 
within  the  United  States  ;  and  all  the  regula- 
tions, provifions,  directions,  authorities,  penal- 
ties, and  other  matters  whatfoever,  contained 
or  Gxprefled  in  the  faid  acl,  and  which  are  not 
locally  inapplicable,  fhall  have  the  like  force 
and  efTett  within  the  faid  (late,  as  if  the  fame 
v;er'e  repeated  and  re-enacled  in  and  by  this 
prefent  acl. 

Sec.  2.  And  belt  further  enafted.  That  the 

Salary  of     marfhal  of  the  diftricl:  of  Rhode-  111  and   (hall 

fhai  mar"     receive,  infuUconpenfation  for  the  performance 

of  all  the  duties  and  fervices  coniided  to,  and 

enjoined  upon  him  by  this  ad,  one  hundred 

dollars* 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Rcfrefentatives. 
ADAMS,  Vice-Prefident.  of  the  United 

States  )  and  Prefideni  of  the  Senate. 
APPROVED,  )uly  the  fifth,  1790  : 

GEORGE  WASHINGTON, 

Preftdent  of  the  Unlt'cd  States* 


13* 


CHAPTER     XXVI. 

JLn  Act  to  authorize  the  Pur  chafe  cf  a  TraS  of 
tc  Ufe  of  the  United  States-. 


E  it  enabled  by  the  Senate  and  Houfs  cfRf- 
prcfer.ixtrj'js  cf  the  United  States  of  Ame- 
rica In  Conrrcfs  afcmb'ed,  That  it  fhall  be  law- 
ful for  thePrefident  of  the  United  States,  and 
he  is  hereby  authorized  to  caufe  to  be  par-  topurciiaf 
chafed  for  the  ufe  of  the  United  States,  the  $$£$ 
whole  or  fuch  part  of  that  tract  of  land  fituatc 
in  the  ftat^  of  New-York,  commonly  called 
WefL-Pcirit,  as  fnall  be  by  him  judged  requifite 
fcr  ihe  purpofe  of  fuch  fortifications  and  gar-   • 
rifbns  as  may  be  neceffary  for  the  defence  of 
the  fame. 

FREDERICK:  AUGUSTUS  MUHLENBERG, 

Speaker  cf  the  Hoitfe  cf  P^eprefentatives. 
JOHN  ADAMS,  Vice  -Prejidcnt  of  the  United 

States,  and  Prcfident  of  the  Senate* 
APPROVED,  July  the  fifth,  1790  : 

GEORGE  WASHINGTON, 

Prcfident  cftbe  United  State** 


C  H  A  P  T  E  R     XXVIL 

An  ^cr  further  to  provide  fir  the  Payment  tftbe 
hvaild  Pensioners  of  the  United  States. 


CHAPTER     XXVIII. 

An  A  ft  for  eftablifhing  the  temporary  and  per- 
manent Seat  of  the  Government  of  the  United 
States. 

Seftion  i-TJ  E  /'/  enafted  by  the  Senate  and 
JLJ  Houfe  of  Reprcfentatives  of  the 
United  States  of  America  in  Congrefs  ajjembled% 
on  That  a  diftrict  of  territory,  not  exceeding  ten 

the  Potow-        .,         r  i        i  j  i  r  j« 

mac  ac-  miles  Iquare,  to  be  located  as  hereafter  di- 
cepted  for  reded  on  the  River  Potomack,  at  fome  place 
FeaT^go1  between  the  mouths  of  the  Eaftern-Branch 
vernmemt,  ancj  Connogochegue,  be,  and  the  fame  is 

and  .  i     r  i  r 

hereby  accepted  ror  the  permanent  ieat   or 
the  government  of  the  United  States :  Pro- 
fate  laws,   vided  neverthelefs ,   That  the  operation  of  the 
•wrhen  to      jaws  Of  the  flate  within  fuch  diftricl:  mail  not 

ceaie there-  .  ,_,   0      ,  .         ,  .  ..     . 

in.  be  affected  by  this  acceptance,  until  the  time 

fixed  for  the  removal  of  the  government  there- 
to, and  until  Congrefs  mail  otherwife  by  law 
provide. 

Sec.  2.  And  be  it  further  enaBed^  That  the 
Prefident  of  the  United  States  be  authorized 
to  appoint,  and  by  fupplying  vacancies  hap- 
i"  the  Penm&  fr°m  refufals  to  ac\  or  other  caufes,  to 

fame;  keep  in  appointment  as  long  as  may  be  necef- 
fary,  three  commimoners,  who,  or  any  two  of 
whom,  mall,  under  the  direction  of  the  Pre- 
fident,  furvey,  and  by  proper  metes  and  bounds 
define  and  limit  a  diftricl:  of  territory,  under 
the  limitations  above  mentioned  ;  and  the  dif- 
tricl: fo  defined,  limited  and  located,  mail  be 
deemed  the  diftricl:  accepted  by  this  aft,  for 
the  permanent  feat  of  the  government  of  the 
United  States. 

Sec.  3.  And  be  it  enatted^  That  the  faid  com- 
Hiiffioners,  or  any  two  of  them,  fliall  have 


I     '33     J 

power  to  purchafe  cr   accept  fucli  quantity  \vi  c  n  .v 
of  land  on  the  eaftcrn  fide  of  the  faid  river,  ^:::;pcr 
-within  the  laid  diliricl,  as  the  Prefident  lhall  grams  of 
Jeem  proper  for  the  ufe  of  the  Utiited  States,  ^:£;  ^ld 
and  according  to  fuch  plans  as  the  Prefident  Dec.  1800 
lhall  approve,  the  faid  cqtnmiflioners,  cr  any  {J^^0 
two  of  them,  Thai!,  prior  to  the  finl  Monday 
in  December,  in  the  ysar  one  thoufand  eight 
hundred,  provide  fuitable  buildings  for  i    s 
accommrcktion  of  Congrefs,  and  of  the  Prefi- 
dent, and  for  the  public  offices  of  the  govern- 
ment of  the  United  States. 

Sec.  4.  And  be  it  enacted,  That  for  defray-  expencc 
ing  the  expence  of  fuch  purchases  and  build-  thereof 
ings,  the  Prefident  of  the  United  States  be  au-  defrayed. 
thorized  and  requefted  to    accept  grants   of 
money. 

Sec.    c.  And  be  it  enafled.  That  prior  to  prior  t*  ^ 
the  firlt  Monday  in  December  next,  all  offices  MOU<I:I;  '.., 
attached  to  the  feat  of  the  government  of  the  ^'  (.""^ 
United  States,  (hall  be  removed  to,  and  until  vcm  , 
the  ftid  firft  Monday  in  December,  in  the  ^^ 
year  one  thoufand  eight  hundred,  mall  remain  lackiph;.., 
at  the  city  of  Philadelphia,  in  the  (late  of  Penn-  S^til 
fylvania,  at  which  place  the  feflion  of  Con-  the  year, 
grefs  next  enfuing  the  prelent  (hall  be  held. 

Sec.   6.    And  be  it  cn~^c.L   That   on  the 
taid  firft  Monday  in  December,  in  the  year  {"rf 7^" 
erne  thoufand  eight  hundred,  the  feat  of  the  fwit  of  .g»- 
governrnent  of  the  United   States,  mall,  by  ^i^:^ 
virtue  of  this  aft,  be  transferred  to  the  diflricl  vcd  to  <ii:- 
;i nd  place  aforefaid.   And  all  offices  attached  ^^el^by 
to  the  faid  feat  of  government,  (hall  accord-  th;»a£.' 
ingly  be  removed  thereto  by  their  refpeclive 
holders,  and  fhall^  after  the  faid  day,  ceafe 
to  be  exercifed  elfewhere ;  and  that  the  ne- 
teflary   cxpence  of  fuch  removal  fhal!  be  de- 


L      '34     3 

(rayed  out  of  the  duties  en  imports  and  to»- 
nage,  .of  which  a  fufficient  fum  is  hereby  ap- 
propriated. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  eft  be  Hmfe  cf  Represent  air.  e;. 
JOK>>   ADAMS,  Vice-PreftdentcflbeUnr::d 
-Stefss,  and  Pref.dent  of  tLe  Senate. 
D,  July  the  flxtcentb,  i  790  : 
GEORGE  WASHINGTON, 

Prefidcnt  of  ike  U-iiicd  States.    ' 


C  H  A  P  T  E  R 


-Jin  Aci  for  the  Government  and  Regulation  ff 
Seamen  in  the  Merchants  Service. 


Section  i.^p£E  //  cnaffed  by  il^e  Seriate  and 

Matter  and  "')  lloufe  of  Representatives  of  tie 

?v"^ift  United  States  cf  America  in  Centre/}  qflemblsd, 

chants"  Vtr-  That  from  and  after  the  firfl  day  of  December 

Ir^'Vvo  next5  every  mailer  or  commander  of  any  (hip 

•t>ing  agree-  or  veficl  bound  from  a  port   in  the  United 

States  to  any  foreign  port,  or  of  any  fhip  or 

vefTel  of  the  burthen  of  fifty  tons  or  upwards, 

bound  from  a  port  in   one  ftate,  to  a  port  in 

any  other  than  an  adjoining  (bate,  fhal!,  before 

he  proceed  on  fuch  voyage,  make  nn  agreement 

in  writing  or  in  print,  with  every  feaman  or 

mariner  on  board  fuch  fhip  or  veffel   (except 

fuch  as  fhali  be  apprentice  or  fervant  to  Lim- 

felf  or  owners),  declaring  the  voyage   or  voy- 

ages, term  or  terms  of  time.,  for  which  fuch 

fe£:n£n  or  mariner  fhall  be  fl  And  if 


[     '35    3 

any  matter  or   commander  of  fuch   mip  or  Waftc»fa3- 

V  i     n     11  r  •  fag  fo  to  do, 

veilel  mall  carry  out  any  feamen  or  manner  ia>>a  to 
(except  apprentices  or  iervants  as  aforefaid)  Pt:iaitr- 
without  fu'ch  contract  or  agreement  being  firft 
made  and  figned  by  the  ieamen  and  mariners, 
fuch  mailer  or  commander  fhnll  pay  to  every 
.fuch  ieaman  or  mariner  the  higheft  price  or 
\vage3  which  ihall  have  been  given  at  the  port 
cr  place  where  fuch  feaman  or  mariner  ihall 
have  been  ihipped,  for  a  fimilar  voyage,  within 
three  months  next  before  the  time  of  fuch 
'fhipping :  Provided  fuch  feaman  or  mariner 
mail  perform  fuch  voyage  :  or  it  not,  then  for 
fuch  time  as  he  ihall  continue  to  do  duty  on 
board  fuch  fliip  or  veifel ;  and  fhall  moreover 
forfeit  twenty  dollars  for  every  fuch  feaman  or 
mariner,  one  half  to  the  ufe  of  the  perfon  pro- 
fecuting  for  the  fame,  the  other  half  to  the 
ufe  of  the  United  States  :  and  fuch  feaman  or 
mariner,  not  having  figned  fuch  contract,  ihall 
not  be  bound  by  the  regulations,  nor  fubject 
to  the  penalties  and  forfeitures  contained  in 
this  act. 

Sec.  2.  And  be  it  enacled,  That  at  the  foot  M.-i-inrr 
of  every  fuch  contract,  there   mail  be  a  me-  ^g^She 
morandurn  in  writing,  of  the  day  and  the  agreement, 
hour  on  which  fuch  ieaman  or  mariner,  who  |Vf 
ihall  fo  ihip  and  fubfcribe,  fhall  render  thern- 
felves  on  board,  to  begin  the  voyage  agreed 
upon.    And  if  any  fuch   feaman   or  mariner 
mall   neglect  to  render  himfelf  on  board  the 
(hip  or  yefiel,  for  which  he  has  iliipped,  at  the 
time  mentioned  in  fuch  memorandum,  and  if 
the  mailer,  commander,  or  other  officer  of  the 
fhip  or  veifel,  mall  on  the  day  on  which  fuch 
neglect  happened,  make  an  entry  in  the  log- 
book of  fuch   fhip  or   veilel,   of  the  name  of 
fuch  feaman-or  mariner,  and  fhall  ia  like  man- 


C    >3*   3 


nsr  note  the  time  that  he  fo  neglected  to  render 
himfelf  (after  the  time  appointed)  ;  every  fuch 
feanian  or  mariner  fhall  forfeit  for  every  hour 
\vhich  he  fhall  fo  neglect  to  render  himfelf, 
one  day's  pay,  according  to  the  rate  of  wages 
r?  ,reed  upon,  to  be  deducted  out  of  his  wages* 
And  if  any  fuch    feanian    or    manner   fhall 
wholly  neglect  to  render  himfelf  on  board  of 
fuch  fhip   or  vciiel.  or  having   rendered  him- 
felf on  board,    fhall   afterwards    defert    and 
.efcape,  fo  that  the  fhip   or  veflel  proceed  to 
lea  without  him,  every  fuch  feanian  or  mariner 
Ihall  forfeit  and  pay  to  the  matter,  owner  or 
consignee  of  the  faid  Ihip  or  veflel,   a  fura 
equal  to  that  which  fhall  have  been  paid  to  him 
by  advance  at  the  time  of  figning  the  contract, 
over  and  befides  the  fura  fo  advanced,  both 
which  fuiiis  mail  be  recoverable  in  any  court, 
or  before  any  juttice  or  juftices  of  any  ttate, 
city,  town  or  county  within  the  United  States, 
which,  by  the  laws  thereof,  have  cognizance 
of  debts  of  equal  value,  againft  fuch  feaman  or 
mariner,  or  his  furety  or  fureties,  in  cafe  he 
fliall  have  given  furety  to  proceed  the  voyage. 
]•*?.-      Sec.  3.  And  bs  it  enabled.  That  if  the  mate 
0L^r?  or  ^r^  officer  under  the  matter,  and  a  majori- 
^y^'-i  ty  of  the  crew  of  any  fhip  or  veflel,  bound  on  a 
ccedin  ?**'  v°7a^e  to  aRY  foreign  port,  mall  ,  after  the  voyage 
^uinCh.-ri  is  begun  (and  before  the  fhip  or  veflel  mall  have 
ta-nn"'cthc  left   the  land)  ^'covcr  that  the  faid  fhip  or 
/an*.*       vellel  is  too  leaky,  or  is  other  wife  unfit  in  her 
crew,  body,  tackle,  apparel,  furniture,  provi- 
fions   or  (icre-c?  to  proceed  on  the  intended 
voyage,  and  fhall  require  fuch  uniitnefs  to  be 
enquired  into,  the  inufter  or  commander  fhall 
upon  the  requeil  of  the  faid  mate  (or  other  of- 
fleer)  and  lucn   majority,   forthwith  proceed 
to  or  flop  at  the  fteareic  or  mod  convenient 


C     '37     ] 

or  place  where  fuch  enquiry  can  be  made* 
ill  ihere  apply  to  the  jiu  lie  dif- 

trie!  court,  if  he  ihali  there  refide,  or  if  not, 
to  i  ice  of  the  peace  of  the  city,  town 

.-,  taking  with  him  tv.o  or  more  of  the 
laid  crew  who  iliall  have  made  luch  requelt ; 
and  thereupon  fuch  judge  or  juiiice  is  hereby 
, orixeJ  and  required  to  iilue  his  precept 
'  to  three  perfons  in  the  neighborhood, 
the  inoft  fkilful  in  maritime  aiiairs  that  can  be 
procured,  requiring  them  to  repair  on  board 
iuch  (hip  or  veifel,  and  to  examine  the  fame 
in  refpcc"!:  to  the  defects  and  mfufficiencies 
coniplaitied  of,  and  to  make  report  to  him 
the  fald  judge  or  jufticc,  in  writing  under 
their  hands,  or  the  hands  of  two  of  them, 
whether  in  any,  or  in  what  refpeft  the  faid 
Ihip  or  veilel  is  unfit  to  proceed  on  the  inten- 
ded voyage,  and  what  addition  of  men,  provi- 
fions  or  ilores,  or  what  repairs  or  alterations 
in  the  bodv,  tackle  or  apparel  will  be  necef- 
fary  ;  and  upon  fach  report  the  fai.d  judge  or 
juliice  mall  adjudge  and  determine,  and  mail 
endorfe  on  the  faid  report  his  judgment,  whe- 
ther the  faid  (hip  or  velfel  is  lit  to  proceed  on 
the  intended  voyage ;  and  if  not,  whether 
fuch  repairs  can  be  made  or  deficiencies  fup- 
piied  where  the  fnip  or  veffcl  then  lays,  or 
whether  it  be  necellary  for  the  faid  (hip  or 
vefTel  to  return  to  the  port  from  whence  me 

failed,  to  be  there  refitted  ;  and  the  maf- 
•:  er  and  crew  (hall  in  all  things  conform  to  the 
faid  judgment ;  and  the  rrriftcr  or  commander 
ihall,  in  the  iivll  indance,  pay  all  the  cods  of 
fuch  view,  report  and  judgment,  to  be  taxed 
and  allowed  on  a  fair  copy  thereof  certified  by 
the  faid  jiulge  or  juftice.  But  if  the  complaint 
•f  the  faid  crew  ihall  appear  upon  the  faid  re* 
VOL.  I.  *S 


port  and  judgment,  to  have  been  without  foun- 
dation, then  the  laid  matter,  or  the  owner  or 
coiiflgnee  of  fuch  fhip  or  veflel,  ihall  deducl 
the  amount  thereof,  and  of  reafonable  da- 
mages for  the  detention  (to  be  afcertaincd  by 
the  laid  judge  or  juftice)  out  of  the  wages 
growing  due  to  the  complaining  feannen  or 
mariners.  And  if  after  fuch  judgment,  fuch 
ihip  or  veflel  is  fit  to  proceed  on  her  intended 
voyage,  or  after  procuring  fuch  men,  provi- 
lions,  ilcres,  repairs  or  alterations  as  may  be 
directed,  the  faid  feamen  or  mariners,  or  either 
of  them,  mall  refufe  to  proceed  on  the  voyage, 
it  mall  and  may  be  lawful  for  any  juttice  of 
the  peace  to  commit  by  warrant  under  his 
hand  and  feal,  every  fuch  feaman  or  mariner 
(who  mall  fo  refufe)  to  the  common  gaol  of 
the  county,  there  to  remain  without  bail  or 
mainprize,  until  he  mail  have  paid  double  the 
fum  advanced  to  him  at  the  time  of  lab  [crib- 
ing  the  contract  for  the  voyage,  together  with 
fuch  reafonable  coils  as  mall  be  allowed  by 
the  faid  juftice,  and  inferted  in  the  faid  war- 
rant, and  the  furety  or  fureties  of  fuch  fes,inrui 
or  mariner  (in  cafe  he  or  they  mall  have  given 
any)  mail  remain  liable  for  fuch  payment ; 
nor  mall  any  fuch  feaman  or  manner  be  dif- 
charged  upon  any  writ  of  habeas  corpus  or 
otherwife,  until  fuch  fum  be  paid  by  him  or 
them,  or  his  or  their  furety  or  fureties,  for 
want  of  any  form  of  commitment,  or  other 
previous  proceedings.  Provided,  That  fuffici- 
cnt  matter  mail  be  made  to  appear,  upon  the 
return  of  fuch  habeas  corpus,  and  an  exami- 
nation then  to  be  had,  to  detain  him  for  the 
caufes  herein  before  afiigned. 

Sec.    4.    And  be  it  enaflcd^    That  if  any 
perfcn  fhall  harbor  or  fecrete  any  feaman  or 


r  139  3 

•Rrarlner  belonging  to  any  mip  or  veiTel,  know-  pcnai;y  r,r 
Ing  them  to  belong  thereto,  every  fuch  per- 
foil,  on  conviction  thereof  before  any  court 
in  the  city,  town  or  county  where  he,  me  or 
they  may  refide,  {hall  forfeit  and  pay  ten  dol- 
lars for  every  day  which  he,  fhe  or  they  fliall 
continue  fo  to  harbor  or  fecrete  fuch  feaman 
or  mariner,  one  half  to  the  ufe  of  the  perfon 
profecuting  for  the  fame,  the  fcthcr  half  to  the 
ufe  of  the  United  States  ;  and  no  fum  exceed- 
ing one  dollar,  (hall  be  recoverable  from  any 
feaman  or  mariner  by  any  one  perfon,  for  any 
ilebt  contracted  during  the  time  fuch  feaman 
or  mariner  (hall  actually  belong  to  any  fhip  or 
veffel,  until  the  voyage  for  which  fuch  fearnan 
or  mariner  engaged  mall  be  ended. 

Sec.  5.  And  be  It  enafted,  That  if  any  fea- 
man  or  mariner,  who   (hall  have  fubfcribed 
fuch  contract  as  is  herein  before   defcribed,  fj 
ihall  abfent  himfelf  from  on  board  the  ihip  or  penalty  on, 
veffel  in  which  he  (hall  fo  have  (hipped,  with- 
out  leave  of  the  rnafter  or  officer  commanding  ed 
on  board  ;  and  the  mate,  or  other  officer  hav- 
ing charge  of  the  log-book,  mall  make  an  en- 
try therein  of  the  name  of  fuch  feaman  or 
mariner,  on  the  day  on  which  he  mall  fo  abfent 
himfelf,  and  if  fuch  feaman  or  mariner  mall 
return  to  his  duty  within  forty-eight  hours, 
fuch  feaman  or  mariner  fliall  forfeit  three  days 
pay  for  every  day  which  he  (hall  fo  abfem:  him- 
felf, to  be  deducted  out  of  his  wages  :  but  if 
any  feaman  or  mariner  fliall  abfent  himfelf  for 
more  than  forty-eight  hours  at  one  time,  h-.> 
ihall  forfeit  all  the  wages  due  to  him,  and  all 
his  goods  and  chattels  which  were  on  board 


the  laid  mip  or  velfel,  or  in  any  (lore  w 
they  may  have  been  lodged  at  the  time  of  his 
defertion,  to  the  ufe  of  the  ovrners  of  the  fhip 


or  vcflel,  and  moreover  mail  be  K:\bie  to  pay 
to  him  or  them  all  dn:n.nc:< •?,  which  he  or  they 
may  fuftain  by  being  obliged  to  hire  other 
fearnen  or  mariners  in  his  or  their  pku:e,  and 
luch  damages  fhall  be  recovered  with  cofis, 
in  any  court  or  before  any  jufiice  or  juftices 
having  jurisdiction  of  the  recovery  of  debts 
to  the  value  often  dollars  or  upv.ards.  t 

and      Sec.  6.  And  be  it  enaclcd^  That  every  fcr,- 
at  what  port  man  or  mariner  fhall  be  entitled  to  demand 

entitled    to  . 

tiemandhis  and  receive  from  the  malier  or  commander 

wa^cs;  Q£    ^g    fl^p     or    ve{fel     J-Q    y/hich  they  belong, 

one  third  part  of  the  wages  which  .fhall  be  due 
to  him  at  every  port  where  fuch  fhip  or  veiiei 
fhall  unlade  and  deliver  her  cargo  before  the 
voyage  be  ended,  unlefs  the  contrary  be  ex- 
prefsly  ftipulated  in  the  contract :  and  as  foon 
as  the  voyage  is  .ended,  and  the  cargo  or  bal- 
laft  be  fully  difch'arged  at  the  I  aft  port  of  de- 
livery, every  Teaman  or  mariner  fhall  be 
entitled  to  the  wages  which  lhall  be  then  due 
according  to  his  contract :  and  if  fuch  wages 
cover  them  fhall  not  be  paid  within  ten  clays  after  fuch 
if  withheld  difcharge,  or  if  any  difpute  fhall  arife  between 
the  mailer  ami  feamen  or  mariners  touching 
the  faid  wages,  it  mail  be  lawful  for  the  judge 
of  the  diftrict  where  the  faid  fhip  or  vefiel 
fhall  be,  or  in  cafe  his  refidence  be  more  than 
three  miles  from  the  place,  or  of  his  abfence 
from  the  place  of  his  refidence,  then,  for  any 
judge  or  juftice  of  the  peace,  to  fummon  the 
matter  of  fuch  fhip  or  veffel  to  appear  before 
him,  to  mew  caufe  why  procefs  mould  not 
imie  againft  luch  fhip  or  veitel,  her  tackle, 
furniture  and  apparel,  according  to  the  courfe 
of  admiralty-courts,  to  anfwer  for  the  faid 
wages  :  and  if  the  matter  fhall  neglect  to  ap- 
pear, or  appearing,  fhall  not  fhew  that  the 


r  *4i  ] 

«CF?.:-'cs  r.re  paid,  or  otherwife  fatisfied  or  for* 

.T  in   difpute  fhali  not 

be  forthwith  fettled,  in  fiich  cafe  the  judge  Oi 
iir/dce  fhall  certify  to  the  clerk  of  the  couvt 
of  the  diPmcl,  that  fufficicnt  caufe  of 

complaint  whereon   to  found  admiral' 
cefs,   and  thereupon  the  ckrk  of  fuch  court 
ihall  illue  procefs  againit  the  laid  fhip  or  vef- 
fei,  and  the  fuit  (hall  be  proceeded  on  in  : 
faid  court,  and  final  judgment  be  riven  accord- 
ing ro  the  courfe  of  admiralty  courts  in  fuch 
cafes   uL-d  ;    and  in   fuch   fuit  all  the  ' 
r.r  m  iriners  (hav-r-  .  c         -nint  oi  th.- 

like  kind  againfl  the  iair.c  fhip  or  veitei)  fhall 
be  joined  as  complainants ;  and  it  fliall  be  in- 
cumbent on  the  mailer  or  commander  to  pro- 
duce the  contract  and  log-book,  if  required, 
to  afcertain  any  matters  in  difpute ;  other 
the  complainants  ihall  be  permitted  to  ft  ate 
the  contents  thereoY,  and  the  proof  of  the 
contrary  Ihall  lie  on  the  mailer  or  commander; 
but  nothing  herein  contained  fhall  prevent 
any  feaman  oj  manner  from  having  or  main- 
taining any  aclion  at  common  law  for  the  re- 
covery of  his  wages,  or  from  immediate  pro- 
ceis  out  of  any  court  having  admiralty  jurif- 
diclion,  whenever  any  (hip  or  veflel  ir.ir  be 
found,  in  cafe  (lie  flial!  have  left  the  po  t  of 
delivery  where  her  voyage  ended,  before  pay- 
ment of  the  wages,  or  in  cafe  ilie  (hull  be 
about  to  proceed  to  fea  before  the  end  of  the 
ten  days  next  after  the  delivery  of  her  cargo 
or  ballaft. 

Sec.  7.  And  Is  it  enabled,  That  if  any  fea- 
man or  mariner,  who  fliall  have  ligned  a  con- 
trad  to  perform  a  voyage,  mall  at  any  port  or 
place,  defert,  or  fhall  abfent  himfelf  from 
inch  fhip  or  veflel,  without  leave  of  the.  ma£ 


C    M2    I 

fer?  or  oflicer  commanding  in  the  abfence  of 
g     the  mafter,  it  fhall  be  lawful  for  any  juftice  of 


how  peace  within  the  United  States  (upon  the  com 

60   be  pro-  r      .  P    .  n\  »/r-        i_» 

a-  plaint   or  the  mafter)   to  inue  his  warrant  to 


aPPrenend  fucn  deferter,  and  bring  him  before 
fuch  juftice  ;  and  if  it  fhali  then  appear  by  due 
proof  that  he  has  iigned  a  contract  within  the 
intent  and  meaning  of  this  act,  and  that  the 
voyage  agreed  for  is  not  rimmed,  altered,  cr 
the  contract  otherwife  difiblved,  and  that  fuch 
feaman  cr  manner  has  deferted  the  fhip  cr 
veflel,  or  abfented  himfelf  without  leave,  the 
faid  juftice  fhall  commit  him  to  the  houfe  of 
correction  cr  common  gaol  of  the  city,  town 
or  place,  there  to  remain  until  the  laid  fhip 
or  vefTel  mall  be  ready  to  proceed  on  her 
voyage,  or  till  the  mailer  fhall  require  his  dif- 
charge,  and  then  to  be  delivered  to  the  faid 
mafter,  he  paying  all  the  coil  of  fuch  commit- 
ment, and  deducting  the  fame  out  of  the 
wages  due  to  fuch  feaman  or  naariner. 

ry  riup       Sec.  8.  And  be  it  enabled  ',  That  every  fhip  or 
vcffd     veiTei  belonging  to  a  citizen  or  citizens  of  the 
he  United  States,  of  the  burthen  of  one  hundred 
d     anc|  fifty  tons  cr   u*pwards,  navigated  by  ten 

with  a  me-  J  ,-.  .x,  ,,          °11          J  , 

dicinc        or  more  perlons  m  the  whole,  and  bound  on 

che#;        a   voyage  without  the  limits   of  the  United 

States,  ihall  be  provided  with  a  cheft  of  me- 

dicines, put  up  by  fome  apothecary  of  known 

reputation,  and  accompanied  by  directions  for 

adminiftering  the  fame  ;  and  the  faid  medi- 

cines fhall  be  examined  by  the  fame  or  fome 

other  apothecary,  once  at  lead  in  every  year, 

and  fupplied  with  freih  medicines  in  the  place 

of  fuch   as  fhall   have  been  ufed  or  fpoiled  ; 

jjeinify  on  and  in  default  of  having  fuch  medicine-chefl 

tL-  Baiter  fo  provided,  and   kept  fit  for  ufe,  the   mafter 

or  commander  of  fuch  fhip  or  veiTel  (hall  pro- 


C      M3     1 

vide  mid  pay  for  all  fuch  advice,  medicine,  or 
aiivridvince  of  phyiicians,  as  any  of  the  crew 
fhall  icand  in  need  of  in  cafe  of  ficknefs  .it 
every  port  or  place  where  the  fhip  or  veffjl 
may  touch  or  trade  at  during  the  voyage, 
without  any  deduction  from  the  wages  of  fuch 
fick  fearnan  or  mariner. 

Sec.  9.  And  be  it  ena^lcd^  That  every  fhip  ships  &c. 
or  vcjfcl,  belonging  as  aforefaid,  bound  on  a  1™"""^^ 
voyage  acrofs  the  Atlantic  ocean,  fliall,  at  Atlantic, 
the  time  cf  leaving  the  lai;:  pen  from  whence 
me  fails,  have  on  board,  well  fecured  under 
deck,  at  leafl  fixty  gallons  of  water,  one  hun- 
dred pounds  of  faked  fleih  meat,  aiv.1  ohe 
hundred  pounds  of  wholefome  fliip-bread,  for 
every  perfon  on  board  fuch  fhip  or  vefFel,  over 
and  befkles  fuch  other  provifionjs,  florcs  and 
live-dock  as  fhall  by  the  mailer  or  pafTengers 
be  put  on  board,  and  in  like  proportion  for 
ihr/rtcr  or  longer  voyages  ;  and  in  cafe  the 
crew  of  any  fhip  or  vcifel,  which  fhall  not  have 
bees,  fo  provided,  fhall  be  put  upon  mort  al-  i<imut- 
lowance  in  water,  ftefli  or  bread,  during  the 
voyage,  the  mafler  or  owner  of  fuch  fhip  or 
veifel  fliall  pay  to  each  of  the  crew,  one  day's 
wages  beyond  the  wages  agreed  on  for  every 
day  they  fhall  be  fo  put  to  fhcrt  allowance,  to 
be  recovered  in  the  fame  manner  as  their  fli- 
pulated  wages. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 
JOHN  ADAMS,  Vice-Prefident  cf  the  United 

States,  and  Prefident  of  the  Senate. 
APPROVED,  July  the  twentieth,  1790  : 

GEORGE  WASHINGTON, 

•Prefident  cf  the  United  States. 


[.     144     J 
CHAPTER     XXX.. 

:  Acl  inpoftng  Dull:.;  on  ib:  Tow:;:^  of  £. 
or  Vef/els. 


>  Section  i.  TJ  E  it  enacted  by  the  Senate  and 
JLJ  Hoitfe  of  Reprcfeniatives  of  the 
Uniisd  States  of  America  in  Con^rcfe  affembled, 
That  upon  all  (hips  or  veffels  \vhich  after  the 
rirlt  day  of  September  next,  ihall  be  entered  in 
the  United  States  from  any  foreign  port  or 
place,  there  fliall  be  paid  the  fever  al  and  ref- 
peclive  duties  following.  that  is"  to  fay  :  On 

X  O  7  J 

or  mi?s  or   veflels  of  the   United  States,  at  the 
t    r-te  cf  fix  cents  per  ton  ;   on  mips  or  vefTels 
u.  states  j    kuijt  wjtj,:n  tjle  unitec|  States  after  the  twen- 

on  thofe  of  tietli  day  of  July  lail,  but  belonging  wholly  or 
tor  ^ncrs  ;   jn  part  to  fubjecls  of  foreign   po\vers,   at  the 
on  ail  others  rate  °^  t^^ty  cents  per  ton  :  on  other  fhips  or 
veiTels  at  the  rate  of  iifiy  cents  per  ton. 

Sec.  2.  And  be  it  further  enacted  \  That  the 

On  fiimsor  aJForefaJd   duty  of  fix  cents  per  ton,  fhall  be 

\-{-:i'ds  o:      alfo  paid   upon  every   fhip   or  veilel    of  the 

mdlnTbe-  United  States  which  after  the  laid  lirfl  day  of 

t\vt-  n  d'-r-     September  next,  mail  be  entered  in  a  diftricl  in 

cUftria"        one  ^ate  from  a  diftrid  in  another  flate,  other 

than  an  adjoining  fiate  on  the  fea  coafi  or  on 

a   navigable  river,   having   on  board  goods, 

wares,  and  merchandize  taken  in  one  (late  to 

be  delivered  in  another  flate  :  Provided^  That 

it  fhall  not  be  paid  on  any  fhip  or  veifel  hav- 

ing a  lic'enfe  to  trade  between   the  diiterent 

diltricls  of  the  United  States,  or  to  carry  on 

the  bank  or  whale   hmeries  whilfl  employed 

therein,  more  than  once  a  year, 

Sec.  3.  And  be  it  further  enacled.  That  up- 
on every  fhip  or  veffel  not  of  the  United 
States,  which  after  the  faid  firft  day  of  Sep- 


C     '45    1 

ber  next,  mall  be  entered  in  one  diftrict 
from  another  diftrid,  having  on  board  goods, 
\vares  and  merchandize  taken  in,  in  one  dif* 
trie*  to  be  delivered  in  another  diitrid,  there.  Sa 
fliali  be  paid  at  the  rate  of  fifty  cents  per 
ton. 

And  whereas  it  is  declared  by  the  tv/enty- 
lliird  feclion  of  the  ad,  intituled,  "  An  aft 
for  redftering  and  cleariner  veflels,  regula-  "*ge  here- 

i  °          n*  i  r  i  r       »    totore  cx- 

tmg  the  coaRmg  trade,  and  for  other  purpoies,     aact!  on 
"  That  if  any  veflel  of  the  burthen  of  twenty  ceriaj."  v<*- 

,  .  r  Jc  fcls  of  the 

tons  or  upwards,  not  having  a  certificate  or  u.  states, 
regiflry  or  inrollment,  and  a  licenfe,  {hall  be 
found  trading  between  different  diftricts,  or 
be  employed  in  the  bank  or  whale  fisheries, 
every  fuch  fhip  or  veflel  lhall  be  fubjecl  to 
the  fame  tonnage  and  fees  as  foreign  fhips  or 
veflels,"  which,  from  the  impracticability  in 
fome  cafes  of  obtaining  licenfes  in  due  feafon, 
and  from  mifappreheniion  in  others,  has  ope- 
rated to  the  prejudice  of  individuals  ;  and  it 
being  proper  that  relief  fliould  be  granted  in 
cafes  where  the.  ftricl  operation  of  new  laws 
may  have  occafioned  hardfhip  and  inconve- 
nience : 

Sec.  4.  Be  it  therefore  further  enafted^  That  reftjtut:dn 
H  all  cafes  in  which   the  faid   foreign   duty  ^bc  made 
fhall  have   been  heretofore  paid  on   fhips  or   °r 
vefTels  of  the  United  States,  whether  re?i(l:er- 

,  ,          .  r  c  j 

ed  at  the  time  of  payment  or  aiterwards, 
reilitution  thereof  (hall  be  made,  and  that  no 
fuch  foreign  duty  {hall  hereafter  be  deman- 
ded on  the  faid  (hips  or  veflels. 

Sec.  5.  And  be  It  further  enafled,  That  the  Repcal  of 
act,  intituled,  "  An  act  impofing  duties  on  ton-  former  a 
nage,"  (hall,  after  the  (aid  firft  day  of  Septem- 
ber next  be  repealed,  and  {hall  thenceforth 

VOL.  I.  T 


n0t 
man 

in  future* 


C    146   ] 

Ceafe  to  operate,  except  as  to  the  colle&ion  of 
the  duties  which  fhall  have  accrued  prior  to 
the  faid  repeal,  for  which  purpofe  the  laid  acl: 
fliall  continue  in  force. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Henfe  of  Reprefentdtives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United 
States ,  and  Prefident  of  the  Senate* 

APPROVED,  July  the  twentieth,   1790: 
GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


CHAPTER     XXXI. 

An  Aft  providing  for  holding  a  Treaty  or  Trea- 
ties to  eftabyh  Peace  with  certain  Indian 
Tribes. 

(EXPIRED.} 


CHAPTER     XXXII. 

An  A  61  to  amend  the  Ad  for  the  Eftablijhment 
and  Support  ofLight-Houfes,  Beacons,  Buoys ; 
and  public  Piers. 

(EXPIRED.) 


I     147     1 
CHAPTER     XXXIII. 

An  Ad  to  regulate  Trade  aud  Intercourfe  with 
the  Indian  "Tribes. 

C  REPEALED.} 


CHAPTER     XXXIV. 

An  Aft  making  Provt/ion  for  the  Debt  of  the 
United  States. 

•  HERE  AS  juftice  and  the  fupport  of 
public  credit  require,  that  provifion  Rccital* 
fhould  be  made  for  fulfilling  the  engagements 
of  the  United  States,  in  refpect  of  their  fo- 
reign debt,  and  for  funding  their  domeflic 
debt  upon  equitable  and  fatisfa&ory  terms : 

Section  i.  B  E  it  enabled  by  the  Senate  and 
Houfe  of  Reprefentativcs  of  the  United  States  of  Dutiefi 
America  in  Congrefs  afjembled^  That  referving  imports  & 
out  of  the  monies  which  have  arifen  fmce  the 
lad  day  of  December  laft  pad,  and  which  mail 
hereafter  arife  from  the  duties  on  goods,  wares 
and  merchandize  imported  into,  the  United  debt  &  fu 
States,  and  on  the  tonnage  of  mips  or  veflels,  ^J^1 
the  yearly  fum  of  fix  hundred  thoufand  dol-  fi«y  thou- 
lars,  or  fo  much  thereof  as  may  be  appropri- 
ated  from  time  to  time,  towards  the  fupport  for 
of  the  government  of  the  United  States,  and 
their  common  defence,  the  refidue  of  the  faid 
monies,  or  fo  much  thereof,  as  may  be  necef- 
fary,  as  the  fame  mall  be  received  in  each  year, 
next  after  the  fum  referved  as  aforefaid,  mail 
be,  and  is  hereby  appropriated  to  the  payment 
of  the  interefh  which  mall  from  time  to  time 
become  due  on  the  loans  heretofore  made  by 


t     '43     J 

the  United  States  in  foreign  countries ;  and 
alfo  to  the  payment  of  intered  on  inch  further 
loans  as  may  be  obtained  for  discharging  the 
arrears  of  interefl  thereupon,  and  the  \vhole 
or  any  part  of  the  principal  thereof;  to  conti- 
nue fo  appropriated  until  the  faid  loans,  as 
well  thofe  already  made  as  thofe  which  may 
be  made  in  virtue  of  this  act,  mall  be  fully  fa- 
tisfied,  puriuant  to  the  contracts  relating  to 
the  fame,  any  law  to  the  contrary  notwith- 
franding.  And  provided.  That  nothing  herein 
contained,  mall  he  conlhued  to  annul  or  alter 
any  appropriation  by  law  made  prior  to  the 
palling  of  this  act. 

Tor  pay-  And  as  new  leans  are  and  will  be  necefTary 
^or  ^Q  Payment  °f tne  aforefaid  arrears  of  in- 
tercfl,  and  the  inilalments  of  the  principal  of 
tne  faid  foreign  debt  due  and  growing  due, 
and  may  alfo  be  found  expedient  for  effecting 
an  entire  alteration  in  the  ftate  of  the  fame : 

Sec.  2.  Be  it  further  enacted,  That  the  Pre- 
may  make  fideiit  of  the  United  States  be,  and  he  is  here- 
and  con-*  by  authorized,  to  caufe  to  be  borrowed  on  be- 
na|f  of  the  United  States,  a  fum  or  fums,  not 
exceeding  in  the  whole  twelve  million  of  dol- 
lars ;  and  that  fo  much  of  this  fum  as  may  be 
neceflary  to  the  difcharge  of  the  faid  arrears 
and  inftalments,  and  (if  it  can  be  effected  upon 
terms  advantageous  to  the  United  States)  to 
the  paying  off  the  whole  of  the  faid  foreign 
debt  be  appropriated  folely  to  thofe  purpofes  : 
And  the  Prefident  is  moreover  further  autho- 
rized to  caufe  to  be  made  fuch  other  contracts 
relpecting  the  faid  debt  as  mall  be  found  for 
the  interefl  cf  the  faid  ftates.  Pr  vided  never- 
thelefs^  That  no  engagement  nor  contract  mall, 
be  entered  into  which  ihall  preclude  the  United 


L      '49      I 

States  from  rciniburfing  any  fum  or  funis  bor- 
rowed within  fifteen  years  after  the  fame  mall 
have  been  lent  or  advanced. 

And  whereas  it  is  defirable  to  adapt  the  na- 
ture of  the  provifion  to  be  made  for  the  do- 
meftic  debt  to  the  prefent  crrcurnftances  of  the 
United  States,  as  far  as  it  mail  be  found  prac- 
ticable, confidently  with  good  faith  and  the 
rights  of  the  creditors ;  which  can  only  be 
done  by  a  voluntary  loan  on  their  part : 

Sec.  3.  Be  it  therefor:  further  enatted,  That 
a  loan  to  the  full  amount  of  the  faid  domeftic  loaned    u> 
debt,  be,  and  the  fame  is  hereby  propofed;  and  jjjjjjjj^   & 
that  books  for  receiving  fubfcriptions  to  the  fubfcrip- 
faid  loan  be  opened  at  the  Treafury  of  the  *$£?% 
United  States,  and  by  a  commiilioner  to  be  be' made; 
appointed   in  each  of  the  faid  dates,  on  the  and 
firft  day  of  October  next,  to  continue  open 
until  the  lad  day  of  September  following  in- 
clufively  ;  and  that  the  fums  which  mail  be 
fubfcribed  thereto,  be  payable  in  certificates 
ifiued  for  the  faid  debt,  according  to  their  fpe- 
cie  value,  and   computing  the  intcred  upon 
fuch  as  bear  intered  to  the  lad  day  of  Decem- 
ber next,  inclufively  ;   which  laid  certificates 
mall  be  of  thefe  feveral  defcriptions,  to  wit : 

Thofe  imied  by  the  regider  of  the  treafury.  h^^t 
Thofe  ilfued  by  the  commiflioners  of  loans  Pa-vablc- 
in  the  feveral  dates,  including  certificates  given 
purfuant  to  the  ad  of  Congrefs  of  the  fecond 
of  January,  one  thoufand  feven  hundred  and 
feventy-nine,  for  bills  of  credit  of  the  feveral 
emiffions  of  the  twentieth  of  May,  one  thou- 
fand feven  hundred  and  feventy-feven,  and  the 
eleventh  of  April,  one  thoufand  feven  hun- 
dred and  feventy-eight. 

Thofe  iffued  by  the  commiflioners  for  the 


C    150   ] 

adjuftment  of  the  accounts  of  the  quarter- 
mafter,  commifoy,  hofpital,  clothing,  and  ma- 
rine departments. 

Thofe  ilTued  by  the  commilfioners  for  the 
adjuftment  of  accounts  in  the  refpe&ive  ftates. 

Thofe  iffued  by  the  late  and  prefent  pay- 
ma  ft  er  general,  or  commiilioner  of  army  ac- 
counts. 

Thofe  ifiiied  for  the  payment  of  intereft, 
commonly  called  indents  of  intereft. 

And  in  the  bills  of  credit  iffued  by  the  au- 
thority cf  the  United  States  in  Congrefs  af- 
fembled,  at  the  rate  of  one  hundred  dollars  in 
the'faid  bills,  for  one  dollar  in  fpecie. 
.      Sec.  ;7  be  it  further  ci:a$edy  That  for 

3  t^r>        or  any  Part  °^  any  ^uni  ifowbibed 

domefiic      to  lii;  .(aid  loan,  by  any  perfon  or  perfons,  or 
^o'or-^  body-politic,  which  (hall  be  paid  in  the  princi- 
tions  of       pal  of  the  faid  domeftic  debt,  the  fubfcriber  or 
ratr^t'-  i^b.'cribcrs  fhall  be  entitled  to  a  certificate,  pur- 
tcreft   and  porting  that  the  United  States  owe  to  the  hol- 
paymerft      ^er  or  borers  thereof,  his,  her,  or  their'affigns, 
entitled  to.  p  -.  M  to  be  exprefled  therein,  equal  to  two- 
thirds  of  the  fum  fo  paid,  bearing  an  intereft 
of  fix  per  centum  per  annum,  payable  quar- 
ter yearly,  and  fubjecl  to  redemption  by  pay- 
ments not  exceeding  in  one  year,  on  account 
both  of  principal  and  intereft,  the  proportion 
of  eight  dollars  upon  a  hundred  of  the  fum 
mentioned  in  fuch  certificate  ;  and  to  another 
certificate  purporting   that  the  United  States 
owe  to  the  holder  or  holders  thereof,  his,  her 
or  their  ailigns,  a  fum  to  be  exprefled  there- 
in, equal  to   the   proportion   of  thirty-three 
dollars  and  one  third  of  a  dollar  upon  a  hun- 
dred of  the  fum  fo  paid,  which  after  the  year 
one  thoufand  eight  hundred  fhall  bear  an  in- 


r  i5«  i 

tereft  of  fix  per  centum  per  annum,  payable 
quarter  yearly,  and  fubject  to  redemption  by 
payments  not  exceeding  in  one  year,  on  ac- 
count both  of  principal  and  intereft,  the  pro- 
portion of  eight  dollars  upon  a  hundred  of 
the  fum  mentioned  in  fuch  certificate  :  Pro- 
vided, That  it  fhall  not  be  underftood  that 
the  United  States  fhall  be  bound  or  obliged 
to  redeem  in  the  proportion  aforefaid  ;  but 
it  mall  be  underftood  only  that  they  have  a 
right  fo  to  do. 

Sec.  5.  And  be  it  further  cnafted,  That  for 
the  whole  or  any  part  of  any  fum  fubfcribed  ia!}-r"ft  of 
to  the  faid  loan  by  any  peribn  or  perfons,  or  domcftic 
body  politic  which  fhall  be  paid  in  the  intereit  proportion! 
of  the  faid  domeftic  debt,  computed  to  fl  ;.ipal 

faid  laft  day  of  December  next,  or  in  the  faid  1. ,^  amj 
certificates  iflued  in  payment  of  intereii:,  com-     •  n><  °f    i 
monly  called  indents  of  intereft,  the  fubfcri-  emidcdt*. 
ber  or  fubfcribers  fhall  be  entitled  to  a  certifi- 
cate purporting  that  the  United  States  owe 
to  the  holder  or  holders  thereof,  hi. .  her  or 
their  afiigns,  a  fum  to  be  fpecified   therein, 
equal  to  that  by  him,  her   or  them  fo  paid, 
bearing  an  intereft   of  three  per  centum  per 
annum,  payable  quarter  yearly,  and  fubject 
to  redemption  by  payment  of  the  fum  fpeci- 
fied therein,  whenever  provifion  fhall  be  made 
by  law  for  that  purpofe. 

Sec.  6.  And  be  it  further  enafted,  That  a  c«nunif- 
commiffioner  be  appointed  for  each  ftate,  to  Jonc"^ 
refide  therein,  whole  duty  it  fhall  be  to  fuper-  iSTeack 
intend  the  fubfcriptions  to  the  faid  loan  ;  to  fta.tc  l"  ,rc" 

i         i        r         i        f  •          i  ceive  fub- 

open  books  for  the  fame ;  to  receive  the  cer- 
tificates which  mall  be  prefented  in  payment 
thereof;  to  liquidate  the  fpecie  value  of  fuch 
of  them  as  mail  not  have  been  before  liquida- 
ted j  to  iiilie  the  certificates  above  mentioned 


C  15*  1 

in  lieu  thereof,  according  to  the  terms  of  each 
fubfcription  ;  to  enter  in  books  to  be  by  him 
kept  for  that  purpofe,  credits  to  the  refpec- 
tive  fubfcribers  to  the  faid  loan  for  the  fums 
to  which  they  fhall  be  refpedliveiy  entitled  ; 
to  transfer  the  faid  credits  upon  the  faid  books 
from  time  to  time  as  fhall  be  requifite  ;  to  pay 
•  the  interefl  thereupon  as  the  fame  mall  become 
due,  and  generally  to  obferve  and  perform 
fuch  directions  and  regulations  as  mail  be 
prefcribed  to  him  by  the  Secretary  of  the 
Treafury,  touching  the  execution  of  his  of- 
fice. 

Sec.  7.  And  be  it  further  enafted^  That  the 
stock  crca-  ftock  which  mall  be  created  purfuant  to  this 
ted  by  this  a£l,  fhall  be  transferable  only  on  the  books  of 
t'le  treafury,  or  of  the  faid  commiflioners  ref- 
pe&ively,  upon  which  the  credit  for  the  fame 
fhall  exift  at  the  time  of  transfer,  by  the  pro- 
prietor or  proprietors  of  fuch  fleck,  his,  her 
or  their  attorney :  but  it  fhall  be  lawful  for 
the  Secretary  of  the  Treafury,  by  fpecial  war- 
rant under  his  hand  and  the  leal  of  the  treafu- 
ry, counterfigned  by  the  comptroller,  and  re- 
giltered  by  the  regiiter,  at  the  requefl  of  the 
refpective  proprietors,  to  authorize  the  tranf- 
fer  of  fuch  flock  from  the  books  of  one  com- 
miffioner  to  thofe  of  another  commimoner^  or 
to  thofe  of  the  treafury,  and  from  thofe  of  the 
treafury  to  thofe  of  a  commiHicner. 

Sec.  8.  And  be  it  further  enattcd^  That  the 
interefl  upon  the  faid  flock,  as  the  fame  fhall 
paTObi.      become  due,  mail  be  payable  quarter  yearly  ; 
quarterly,    that  is  to  fay  :   One  fourth  part  thereof  on 
the  lail  day  of  March  :  one  other  fourth  part 
thereof  on  the  lafl   day  of  June :  one  other 
fourth  part  thereof  on  the  laft  day  of  Sep- 
tember ;  and  the  remaining  fourth  part  there- 


[    '53    3 

of  on  the  laft  day  of  December  in  each  year, 
beginning  on  the  lad  day  of  March  next  en- 
fuing  ;  and  payment  fhall  be  made  wherefo- 
ever  the  credit  for  the  faid  (lock  mall  exift  at 
the  time  fuch  intereft  (hall  become  due  ;  that 
is  to  fay  :  At  the  treafury,  if  the  credit  for  the 
fame  fhall  then  exift  on  the  books  of  the  trea- 
fury,  or  at  the  office  of  the  commiflioner  up- 
on whofe  books  fuch  credit  fhall  then  exift. 
But  if  the  intereft  for  one  quarter  fhall  not 
be  demanded  before  the  expiration  of  a  third 
quarter,  the  fame  fhall  be  afterwards  demand- 
able  only  at  the  treafury. 

And  as  it  may  happen  that  fome  of  the  ere- 
ditors  of  the  United  States  may  not  think  fit 
to  become  fubfcribers  to  the  faid  loan  : 


Sec.  9.  Be  it  further  enafled,  That  nothing  ti^r  rights 
in  this  aft  contained  fhall  be  conftrued  in  any 
wife  to  alter,  abridge  or  impair  the  rights  of 
thofe  creditors  of  the  United  States,  who  fliall 
not  fubfcribe  to  the  faid  loan,  or  the  contracts 
upon  which  their  refpeftive  claims  are  foun- 
ded ;  but  the  faid  contracts  and  rights  fhall  re-- 
main in  full  force  and  virtue. 

And  that  fuch  creditors  may  not  be  exclud- 
ed from  a  participation  in  the  benefit  hereby 
intended  to  the  creditors  of  the  United  States 
in  general,  while  the  faid  propofed  loan  mail 
be  depending,  and  until  it  fhall  appear  from 
the  event  thereof  what  farther  or  other  ar- 
rangements may  be  necefiary  refpecting  the 
faid  domeftic  debt  : 

Sec.  10.  Be  it  therefore  further  enaftcd.  That 
fuch  of  the  creditors  of  the  United  States  as 
may  not  fubfcribe  to  the  faid  loan,  fliall  ne- 
verthelefs  receive  during  the  year  one  thou- 
fand  feven  hundred  and  ninety-one,  a  rate  per 

VOL.  I.  V 


L    154   J 

to  be  paid  centum  on  the  refpective  amounts  of  theif 
he  refpective  demands,  including  intereft  to  the 


amount  of  laft  day  of  December  next,  equal  to  the  in- 
lands tereft  payable  to  fubfcribing  creditors,  to  be 
the  hiter  ft  ^d^  ^  ^  &me  times,  at  the  fame  places., 
allowed  to  an(-l  by  the  fame  perfons  as  is  herein  before 
fubfcribing  directed,  concerning  the  intereft  on  the  (lock 

creditors,          i_  •    i_  i  j*>'^  ri         r  •  j 

which  may  be  created  in  virtue  of  the  faid 
propofed  loan.  But  as  fome  of  the  certificates 
^ues^cir-  now  m  circulation  have  not  heretofore  been 
cuiation,to  liquidated  to  fpecie  value,  as  moft  of  them  are 
led  &Hnew  greatly  fubject  to  counterfeit,  and  counter- 
ones  iffued.  feits  have  actually  taken  place  in  numerous 
inftances,  and  as  embarraflment  and  impofr- 
don  might,  for  thefe  reafons,  attend  the  pay- 
ment of  intereft  on  thofe  certificates  in  their 
prefent  form,  it  mall  therefore  be  neceffary 
to  entitle  the  faid  creditors  to  the  benefit  of 
the  faid  payment,  that  thofe  of  them  who  do 
not  poflefs  certificates  iffued  by  the  Regifter 
of  the  Treafury,  for  the  regiftered  debt,  mould 
produce  previous  to  the  firft  day  of  June  next, 
their  refpeclive  certificates,  either  at  the  trea- 
fury  of  the  United  States,  or  to  fome  one  of 
the  commiflioners  to  be  appointed  as  afore- 
faid,  to  the  end  that  the  fame  may  be  cancel- 
led, and  other  certificates  iflued  in  lieu  there- 
of ;  which  new  certificates  mail  fpecify  the 
fpecie  amount  of  thofe  in  exchange  for  which 
they  are  given,  and  mail  be  other  wife  of  the 
like  tenor  with  thofe  heretofore  iflued  by  the 
faid  Regifter  of  the  Treafury,  for  the  faid  re- 
giftered debt,  and  mail  be  transferable  on  the 
like  principles  with  thofe  directed  to  be  iffued 
on  account  of  the  fubfcriptions  to  the  loan 
hereby  propofed. 

Sec.   1  1  .  And  be  it  further  enacted.  That 
the  commiflioners  who  fhall  be  appointed  pur- 


C     '55    ] 

fuant  to  this  a&,  fhall  refpe&ively  be  entitled 
to  the  following  yearly  falaries,  that  is  to  fay  : 
The  commiffioner  for  the  ftate  of  New-Hamp-  Commif- 
fhire,  fix  hundred  and  fifty  dollars  :  The  com-  theMal* 
miflioner  for  the  flate  of  Maflachufetts,  fifteen  ri<*- 
hundred  dollars :  The  commiflioner  for  the 
{late  of  Rhode-Ifland  and  Providence  Planta- 
tions, fix  hundred  dollars :  The  commiflion- 
er for  the  ftate  of  Connecticut,  one  thoufand 
dollars :  The  commiffioner  for  the  ftate  of 
New- York,  fifteen  hundred  dollars :  The  com- 
miflioner for  the  ftate  of  New-Jerfey,  feven 
hundred  dollars :  The  commiflioner  for  the 
ftate  of  Pennfylvania,  fifteen  hundred  dollars  : 
The  commiffioner  for  the  ftate  of  Delaware, 
fix  hundred  dollars :  The  commiflioner  for 
the  ftate  of  Maryland,  one  thoufand  dollars : 
The  commiflioner  for  the  ftate  of  Virginia, 
fifteen  hundred  dollars ;  The  commiflioner 
for  the  ftate  of  North-Carolina,  one  thoufand 
dollars :  The  commiflioner  for  the  ftate  of 
South-Carolina,  one  thoufand  dollars :  The 
commiflioner  for  the  ftate  of  Georgia,  feven 
hundred  dollars :  Which  falaries  fhall  be  in 
full  compenfation  for  all  fervices  and  expenfes. 

Sec.   12.  And  be  it  further  wafted.  That  to  take  ati 
the  faid  commiflioners  before  they  enter  upon  oath  &  en- 
the  execution   of  their  feveral   offices,  fhall  b0rnd!*° 
refpectively  take  an  oath  or  affirmation  for 
the  diligent  and  faithful  execution  of  their 
truft,  and  fhall  alfo  become  bound  with  one 
or  more  fureties  to  the  fatisfaftion  of  the  Se- 
cretary of  the  Treafury,  in  a  penalty  not  lefs 
five  thoufand,  nor   more  than  ten  thoufand 
dollars,  with  condition  for  their  good  beha- 
vior in  their  faid  offices  refpectively. 

And  whereas  a  provifion  for  the  debts  of  s-ut€  dcbts 
the  refpeftive  ftates  by  the   United  States,  • 


would  be  greatly  conducive  to  an  orderly 
ceconomical  and  effectual  arrangement  of  the 
public  finances  ; 
spumed,  to       sec.  i  *   fa  //  therefore  further  entitled*  That 

amount  of         ,  ,  **  r    i  i  r 

3i,^co,oco  a  loan  be  propoled  to  the  amount  or  twenty-  • 
loan'  ar«d(v  one  m^on  an^  frye  hundred  thoufand  dollars, 
fed^7ya°~  and  that  fubfcriptions  to  the  faid  loan  be  re- 
We  jn  cer-  cejvej  at  the  fame  times  and  places,  and  by 

tificates    of      .         r  r  r       -f  '          .       J 

the  fiatc*,  the  fame  perfons,  as  in  refpea  to  the  loan 
herein  before  propofed  concerning  the  do- 
meftic  debt  of  the  United  States.  And  that 
the  fums  which  mall  be  fubfcribed  to  the  faid 
loan,  mall  be  payable  in  the  principal  and 
mtereft  of  the  certificates  or  notes,  which 
prior  to  the  firft  day  of  January  laft,  were 
iffued  by  the  refpedive  Itates,  as  acknow- 
ledgments er  evidences  of  debts  by  them  ref- 
pedively  owing,  except  certificates  iffued  by 
the  commiflioners  of  army  accounts  in  the 
Hate  of  North-Carolina,  in  the  year  one  thou- 
fand feven  hundred  and  eighty-fix. 
»ot  exceed-  Provided,  That  no  greater  fum  fliall  be  re- 
ing  a  cer-  chived  in  the  certificates  of  any  flate,  than  as 

tain  iumm    r   TJ  ,  r  •     • 

each.          tallows  ;  that  is  to  fay  : 

In  thofe  of  New-Hampfliire,  three  hundred 
thoufand  dollars. 

In  thofe  of  Maffachufetts,  four  million  dol- 
lars. 

In  thofe  of  Rhode-Ifland  and  Providence 
Plantations,  two  hundred  thoufand  dollars. 

In  thofe  of  Connecticut,  one  million  fix 
hundred  thoufand  dollars. 

In  thofe  of  New-York,  one  million  two- 
hundred  thoufand  dollars. 

In  thofe  of  New-Jerfey,  eight  hundred  thou- 
fand dollars. 

In  thofe  of  Pennfylvania.  two  million  twe 
hundred  thoufand  dollars. 


C    157    ] 

In  thofe  of  Delaware,  two  hundred  thou- 
fuiid  dollars. 

In  thofe  of  Maryland,  eight  hundred  thou- 
fand  dollars. 

In  thofe  of  Virginia,  three  million  five  hun- 
dred thoufand  dollars. 

In   thofe  of  North-Carolina,   two  million 
four  hundred  thoufand  dollars. 

In  thofe  of  South-Carolina,  four  million 
dollars. 

In  thofe  of  Georgia,  three  hundred  thou» 
fand  dollars. 

And  provided,  That  no  fuch  certificate  (hall 
be  received,  which  from  the  tenor  thereof,  or 
from  any  public  record,  act,  or  document,  D<*  1)C 
Ihall  appear  or  can  be  afcertained  to  have  been 
iffued  for  any  purpofe,  other  than  compenfa- 
tions  and  expenditures  for  fervices  or  fupplies 
towards  the  profecution  of  the  late  war,  and 
the  defence  of  the  United  States,  or  of  fome 
part  thereof  during  the  fame. 

Sec.  14.  Provided  alfo 'and  be  it  further  enac* 
ted,  That  if  the  total  amount  of  the  fums 
which  mall  be  fubfcribed  to  the  faid  loan  in 
the  debt  of  any  ftate,  within  the  time  limited 
for  receiving  fubfcriptions  thereto,  mail  exceed  ftate,  what 
the  fum  by  this  aft  allowed  to  be  fubfcribed  ffbT 
within  fuch  ftate,  the  certificates  and  credits  paid. 
granted  to  the  refpeclive  fubfcribers,  mail 
bear  fuch  proportion  to  the  fums  by  them  ref- 
peclively  fubfcribed,  as  the  total  amount  of  the 
laid  fums  fliall  bear  to  the  whole  fum  fo  al- 
lowed to  be  fubfcribed  in  the  debt  of  fuch  ftate 
within  the  fame.  And  every  fubfcriber  to  the 
faid  loan,  mail,  at  the  time  of  fubfcribing,  de- 
pofit  with  the  commiilioner  the  certificates  or 
notes  to  be  loaned  by  him. 


C    158   ] 

tf-s      gec>  l^t  ^nj  ie  ft  farther  enacted  \  That  for 
wfcat  pro-    two  thirds  of  any  fum  fubfcribed  to  the  laid 


of  loan,  by  any  peribn  or  perfons,  or  body  politic, 

cl,         t  .    ,     Vi     n   i  -1-1  •       •       T  i     • 

nic  of  in-  which  Ihail  be  paid  in  the  principal  and  m- 
teraw*  oTd  tere^  °f  the  certificates  or  notes  iflued  as  afore- 
iwyment     faid  by  the  refpeclive  dates,  the  fubfcriber  or 
e»uti«d  to,  fubfcribers  mall  be  entitled  to  a  certificate, 
purporting  that  the  United  States  owe  to  the 
holder  or  holders  thereof,  or  his,  her  or  their 
affigns,  a  fum  to  be  expreiled  therein,  equal 
to  two  thirds  of  the  aforefaid  two  thirds,  bear- 
ing an  intereft  of  fix  per  centum  per  annum, 
payable  quarter  yearly,  and  fubject  to  redemp- 
tion by  payments,  not  exceeding  in  one  year, 
en  account  both  of  principal  and  intereft,  the 
proportion  of  eight  dollars  upon  a'hundredof 
the  fum  mentioned  in  fuch  certificate  ;  and  to 
another  certificate,  purporting  that  the  United 
States  owe  to  the  holder  or  holders  thereof, 
his,  her  or  their  afiigns,  a  fum  to  be  expreifed 
therein,  equal  to  the  proportion  of  thirty-three 
dollars  and  one  third  of  a  dollar  upon  a  hun- 
dred of  the  faid  two  thirds  of  fuch  fum  fo  fub- 
fcribed, which  after  the  year  one  thoufand 
eight  hundred,  mall  bear  an  intereft  of  fix  per 
oentum  per  annum,  payable  quarter  yearly, 
and  fubject  to  redemption  by  payments,  not 
exceeding  in  one  year,  on  account  both  of 
principal  and  intereft,  the  proportion  of  eight 
dollars  upon  a  hundred  of  the  fum  mentioned 
in  fuch  certificate  ;  and  that  for  the  remaining 
third  of  any  fum  fo  fubfcribed,  the  fubfcribe* 
or  fubfcribers  (hall  be  entitled  to  a  certificate, 
purporting  that  the  United  States  owe  to  the 
holder  or  holders  thereof,  his,  her  or  their  af- 
figns,  a  fum  to  be  expreffed  therein,  equal  to 
the  faid   remaining  third,  bearing  an  intereft 
of  three  per  cent,  per  annum,  payable  quarter 


[     '59    ] 

yearly,  and  fubject  to  redemption  by  payment 
of  the  fum  fpecified  therein  whenever  provi- 
lion  mail  be  made  by  law  for  that  purpofe. 

Sec.  1 6.  And  be  it  further  enacted \  That  the 
intereftupon  the  certificates  which  mall  be  re- 
ceived  in  payment  of  the  fums  fubfcribed'to- 
wards  the  faid  loan,  (hall  be  computed  to  the 
lafl  day  of  the  year  one  thoufand  feven  hun- 
dred and  ninety-one,  inclufively  ;  and  the  in- 
tereft  upon  the  (lock  which  (hall  be  created 
by  virtue  of  the  faid  loan,  {hall  commence  or 
begin  to  accrue  on  the  firft  day  of  the  year 
one  thoufand  feven  hundred  and  ninety-two, 
and  mall  be  payable  quarter  yearly,  at  the 
fame  time,  and  in  like  manner  as  the  intereft 
on  the  (lock  to  be  created  by  virtue  of  the 
loan  above  propofed  in  the  domeflic  debt  of 
the  United  States. 

Sec.  17.  And  be  it  further  enacted.  That  if  Sum  an0^. 
the  whole  fum  allowed  to  be  fubfcribed  in  the  cd  to  *"-"•/ 
debt  or  certificates  of  any  (late  as  aforefaid,  being  "\^»~ 
(hall  not  be  fubfcribed  within  the  time  for  that  frrib^ihe 
purpofe  limited,  fuch  flate  (hall  be  entitled  to  Ceiw  inter- 
receive,  and  mall  receive  from  the  United  cft  on  a; 

/-,  .  n  mount   or 

States,  an  mtereit  per  centum  per  annum,  upon  deficiency, 
fo  much  of  the  faid  fum  as  (hall  not  have  been 
fo  fubfcribed,  equal  to  that  which  would  have 
accrued  on  the  deficiency,  had  the  fame  been 
fubfcribed  in  truft  for  the  non-fubfcribing  cre- 
ditors of  fuch  (late,  who  are  holders  of  certi- 
ficates or  notes  irTued  on  account  of  fervices  or 
fupplies  towards  the  profecution  of  the  late 
war,  and  the  defence  of  the  United  States  or 
of  fome  part  thereof,  to  be  paid. in  like  manner 
as  the  intereft  on  the  (lock  v/hich  may  be 
created  by  virtue  of  the  faid  loan,  and  to  con- 
tinue  until  there  {hall  be  a  fetllement  of  ac- 
counts between  the  United  States,  and  the  in- 


C    160   ] 

dividual  ftates  ;  and  in  cafe  a  balance  fiia.ll 
then  appear  in  favor  of  fuch  ftate,  until  pro- 
vifibn  fhall  be  made  for  the  faid  balance. 

But  as  certain  Hates  have  refpectively  ifTued 
their  own  certificates,  in  exchange  for  thofe  of 
the  United  States,  whereby  it  might  happen 
that  intereft  might  be  twice  payable  on  the 
fame  fums  : 

state  ceni-      Sec.    1  8.  B€  it  further  enafted^  That  the 

edkfueurf  payment  of  interefl  whether  to  dates  or  to  indi- 

thofeof  the  viduals,  in  refpect  to  the  debt  of  any  ftate,  by 

paymSrof  wnic^  fuch  exchange  fhall  have  been  made, 

jntereft  on,  fhall  be  fufpcnded,  until  it  fhall  appear  to  the 

'  fatisfadion  of  the  Secretary  of  the  Treafury, 

that   certificates  iflued  for  that  purpofe  by 

fuch  ftate,  have  been  re-exchanged  or  redeem- 

ed, or  until  thofe  which  fhall  not  have  been 

re-exchanged  or  redeemed,  fhall  be  furrender- 

ed  to  the  United  States. 

states  Sec.  19.  And  be  it  further  enaftfd^  That  fo 

^ti7a-le   niuch  of  the  debt  of  each  ftate  as  fhall  be  fub- 

mount  of    fcribed  to  the  faid   loan,  and  the  monies  (if 

t£>n«.rip~     any)  tnat  ma^  be  advanced  to  the  fame  pur- 

fuant  to  this  act,  fhall  be  a  charge  againft  fuch 

ftate,  in  account  with  the  United  States. 

Farther  np-       Sec.  2o,  And  be  it  further  enacted  r,  That  the 
propriadon  monies  anting  under  the  revenue-laws,  which 

of  monies  i        •  i  r  r    rr  r  ^ 

have  been  or  during  the  prelent  ieiiion  of  Con- 


the  revenue    r  fs  mav  foe  pafTed,  or  fo  much  thereof  as 

*a»vs  to  the  b  ;  r  ' 

purpofes  of  may  be  neceflary,  fhall  be  and  are  hereby 
this  acv.  pledged  and  appropriated  for  the  payment  of 
the  intereft  on  the  ftock  which  fhall  be  created 
by  the  loans  aforefaid,  purfuant  to  the  provi- 
fions  of  this  act,  firft  paying  that  which  fhall 
arife  on  the  ftock  created  by  virtue  of  the  faid 
firft  mentioned  loan,  to  continue  fo  pledged 
appropriated,  until  the  final  redemption 


3 

&f  the  faid  flock,  any  law  to  the  contrary  not3 
\vithftanding,  fubject  never thelefs  to  fuch  re- 
fervations  and  priorities  as  may  be  requifite 
to  fatisfy  the  appropriations  heretofore  made,, 
and  which  during  the  preient  feflion  of  Con- 
l^refs  may  be  made  by  law,  including  the 
i'uins  herein  before  referved  and  appropriated  : 
and  to  the  end  that  the  faid  monies  may  be 
inviolably  applied  in  conformity  to  this  act, 
and  may  never  be  diverted  to  any  other  pur- 
pofe,  an  account  mall  be  kept  of  the  receipts 
and  difpofition  thereof,  feparate  and  diftin-ct 
from  the  product  ofjiny  other  duties,  imports, 
excifes  and  taxes  whatlbever,  except  fuch  as 
may  be  hereafter  laid,  to  make  good  any  de- 
ficiency which  may  be  found  in  the  product 
thereof  towards  fatisfying  the  intereft  afore- 
faid. 

Sec.    2 1 .    And  be  it  further  enabled.  That 

i         r  •  i          r  *T    «•      V    «  i      L       nnd  faith  til 

the  faith   or  the  United  States   be,  and  the  u.  states 
fame  is  hereby  pledged  to  provide  and  appro-  Pled£«l  ™ 

i  r  r    c  if-          i  make  gcrtwl 

pnate  hereafter  fuch  additional  and  perma-  deficicn- 
nent  funds  as  may  be  requifite  towards  fup-  C1CS- 
plying  any  fuch  deficiency,   and  making  full 
provision  for  the  payment  of  the  intereft  which 
lhall  accrue  on  the  ilock  to  be  created  by  vir- 
tue of  the  loans  aforefaid,  in  conformity  to 
the  terms  thereof  refpectively,  and  according 
to  the  tenor  of  the  certificates  to  be  granted 
for  the  fame  purfuant  to  this  act. 

Sec.    22.  And  be  it  further  enabled.  That  Procccrfi 
the  proceeds  of  the  fales  which  fhall  be  made  f-om 
of  lands  in  the  weftern  territory,  now  belong-  J^ 
ing,  or  that  may  hereafter  belong  to  the  Uni-  {orm 
ted  Stai-es,  mall  be,  and  are  hereby  appropria-  ms  fuuci' 
ted  towards  finking  or  difchargiiig  the  debts, 
for  ths  payment  whereof  the  United  States 
iiov/  are,  or  by  virtue  of  this  act  may  b 

VOL.  I.  X 


C    ic2    3 

den,  and  (hall  be  applied  fclcly  to  that  ufe  un- 
til the  laid  debts  fhall  be  fully  iatidied. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  RcprefcnUi  lives. 
JOHN  ADAMS,  Vice-Preftdsnt  of  the  United 

States,  and  Prefidait  of  the  Senate. 
APPROVED,  Auguft  the  fourth,  1790  : 
GEORGE  WASHINGTON, 

Prejldent  of  the  United  States. 


CHAP  T  E  R     XXXV. 

An  Act  to  provide  mere  ejfe  anally  for  the  Collec- 
tion of  the  Duties  Impofed  by  Law  on  Goods  , 
Wares  and  Merchandise  imported  into  the  Uni- 
ted States,  and  on  the  'Tonnage  of  Skits  or 


Section  i  .  IT}  E  //  cnafted  by  the  Senate  and 
JO?  Houfe  of  Rcprefentativcs  of  the 
United  States  of  America  In  Congrefe  qfjenibled, 
That  for  the  Collection  of  the  duties  impofed 
by  law  on  goods,  wares  and  merchandize  im- 
ported into  the  United  States,  and  on  the  ton- 
nage of  (hips  or  vciTels,  there  ihall  be  eftablifh- 
ed  and  appointed,  diilricts,  ports  and  officers, 
in  manner  following  ;  to  wit  : 

The  ftate  of  New-Kampfhire  fliall  be   one 

m  N.  diftrift,  to  be  called  the  diilrid  of  Portfrnouth^ 

pihirc.  of  which  the  town  of  Pi  rtfmouth  ihall  be  the 

fole  port  of  entry  ;    and  the  towns  of  Ne\v- 

caflle,  Dover  and  Exeter,  ports  of  delivery 

only  :  but  all  fhips  or  vefTcls  bound  to  or  from 


r  1*3  J 

either  of  the  faid  ports  of  delivery,  fhall  firll 
come  to,  enter  and  clear  at  Portiinouth ;  and 
a  collector,  naval-officer  and  furveyor  for  i. 
faid  diftrict  fhall  be  appointed,  to  relide   at 
Portfmouth. 

In  the  ftate  of  Maffachufetts  fliall  be  twen- 
ty diftricls  and  ports  of  entry  ;  to  \vit :  New- 
l-aryport,  Glouccfter,  Salom  and  Beverly,  as 
one  -,  Marblehead,  Bofton  and  Charleftown,  as  feus 
one;  Plymouth, Barnftable,  Nautucket, Edgar- 
town,  New-Bedford,  Dighton,  York,  Bidde- 
ford  and  Pepperelborough,  as  one  ;  Portland, 
and  Falrnouth,  as  one;  Bath,  Wifcairett,  Pe- 
nobfcot,  Frenchman's  Bay,  Machias  and  Paf- 
famaquady.  To  the  diftricl  of  Newburyport 
mall  be  annexed  the  feveral  towns  or  land- 
ing places  of  Almfbury,  Salilbury  and  Haver- 
hill,  which  mall  be  ports  of  delivery  only  ;  and 
a  collector,  naval-officer  and  furveyor  for  the 
diftricl  (hall  be  appointed,  to  refide  at  Newbu- 
ryport.  To  the  diftricl  of  Gloucefter  ihall  be 
annexed  the  town  of  Manchefter,  as  a  pert  of 
delivery  only  ;  and  a  collector  and  furveyor 
fhall  be  appointed,  to  reficlc  at  Gloucefter.  To 
the  diftricl  of  Snlcm  and  Beveily  (hail  be  an- 
nexed the  towns  or  landing  pla.es  of  Darv- 
vers  and  Ipfwich,  as  ports  of  delivery  only  ; 
and  a  collector,  naval-officer  and  furveyor  for 
the  Hftricl  ihall  be  appointed,  to  refide  at  Sa- 
lem,-^pd  a  furveyor  to  refide  at  each  of  the 
towns  of  Beverly  and  Ipfwich.  To  the  diftricl: 
of  Marblehead  ihall  be  annexed  the  town  of 
Lynn,  as  a  port  of  delivery  only  ;  and  a  col- 
lector for  the  diftrict  mail  be  appointed,  to  re- 
fide  at  Marblehead.  To  the  diftrict  of  Boftoa 
and  Charleftown  fhall  be  annexed  the  towns-. 
or  landing  places  of  Medford,  Cchaffet  and 
Hingham,  as  ports  of  delivery  only  j  and  a 


[     164    ] 

&  colle&or,  naval-officer  and  furveyor  fhall  be 
appointed  to  refide  at  Boilon.  To  the  diftricl: 
fctta.  of  Plymouth  (hall  be  annexed  the  feveral 
towns  or  landing  places  of  Scituate,  Duxbury 
and  Kingfton,  as  ports  of  delivery  only  ;  and 
a  collector  for  the  diftricl:  ihall  be  appointed, 
to  refide  at  Plymouth.  To  the  diilrift  of 
Barnftable  fhall  be  annexed  the  feveral  towns 
or  landing  places  of  Sandwich,  Falmouth, 
Harwich,  Welfleet,  Provincetown  and  Chat- 
ham, as  ports  of  delivery  only  ;  and  a  collec- 
tor for  the  diftricl:  (hall  be  appointed,  to  refide 
at  Barnftable.  To  the  diftricl:  of  Nantucket 
the  port  of  Sherburne  mall  be  the  fole  port  of 
entry  and  delivery  within  the  fame,  and  a  col- 
lector fhall  be  appointed,  to  refide  at  Sher- 
burne. In  the  diftricl:  of  Edgartown  a  collec- 
tor fhall  be  appointed,  to  refide  at  Edgartown. 
To  the  diftricl:  of  New-Bedford  mall  be  an- 
nexed Weftport,  R.ochefter  and  Wareharn,  as 
ports  of  delivery  only  ;  and  a  collector  for  the 
diftricl  mall  be  appointed,  to  refide  at  New- 
Bedford,  To  the  diftricl:  of  Eighton  (hall  be 
annexed  Swanfey  and  Freetown,  as  ports  of 
delivery  only  ;  and  a  collector  for  the  diftricl: 
fhall  be  appointed,  to  refide  at  Dighton.  To 
the  diftricl  of  York  fliall  be  annexed  Kittery 
and  Berwick,  as  ports  of  delivery  only  ;  and  a 
collector  for  the  diftricl:  fhall  be  appointed,  ta 
refide  at  York.  To  the  diftrift  of  Biddiford 
and  Pepperelborough  fhall  annexed  Scarbo- 
rough, Wells,  Kennebunk  and  Cape  Por^ 
poife,  as  ports  of  delivery  only  ;  and  a  collec- 
tor for  the  diftricl:  mall  be  appointed,  to  refide 
at  Biddeford.  'Tothe  diftricl  of  Portland,  and 
Falmouth  (hall  be  annexed  North-Yarmouth 
Brunfwick,  as  ports  of  delivery  only  ;  and 
eelle&or  and  furvacr  fcali  be 


for  the  diftricl,  to  refide  at  Portland.  To  the  ciftrias  & 
diftricl  of  Bath  fhall  be  annexed  Hollowell, 
Pittitown  and  Topfham,  as  ports  of  delivery 
only  ;  and  a  collector  for  the  diftricl  fhall  be 
appointed,  to  refide  at  Bath.  To  the  diftrict  of 
WifcafTet  fhall  be  annexed  Briftol,  Boothbay, 
Warren,  Thomafton  and  Waldoborough,  as 
ports  of  delivery  only  ;  and  a  collector  for  the 
diftrict  mall  be  appointed,  to  refide  at  Wifcaf- 
fet.  To  the  diftrict  of  Penobfcot  fhall.  be  an- 
nexed Frankfort,  Sedgwick-Point  anil  Deer- 
Ifland,  as  ports  of  delivery  only  ;  and  a  collec- 
tor for  the  diltrid  fhall  be  appointed,  to  refide 
at  Penobfcot.  To  the  diftrict  of  Frenchman's 
Bay  fliall  be  annexed  Union  River,  as  a  port 
of  delivery  only  ;  and  a  collector  for  the  dif- 
tricl fliall  be  appointed,  to  refide  at  French- 
man's Bay.  For  each  of  the  diftricts  of  Ma- 
chias  and  PafTamaquady  fliall  be  appointed  a 
collector,  to  refide  at  the  laid  ports  oi  Machias 
and  Paffamaquady,  r^fpectiveiy.  The  diftricl 
of  Newburyport  fhall  include  all  the  waters  and 
fhores  from  the  ftate  of  New-Hampfhire  to  the 
north  line  of  Ipfwich.  The  diftricl  of  Gloucef- 
ter  fliall  include  all  the  waters  and  fhores  in 
the  towns  of  Gloucefter  and  Manchefter.  The 
diftrict  of  Salem  and  Beverly  fhall  include  all 
the  fhores  and  waters  within  the  towns  of  Ipf- 
wich,  Beverly,  Salem  and  Danvers.  The  dif- 
trict of  Marblehead  fhall  include  all  the  wa- 
ters and  fhores  within  the  towns  of  Marble- 
head  and  Lynn.  The  diftrict  of  Bofton  and 
Charleftown  fhall  include  all  the  waters  and 
mores  within  the  counties  of  Midulefex  and 
Suffolk.  The  diftrict  of  Plymouth,  fhall  in- 
elude  all  the  waters  and  mores  within  the 
county  of  Plymouth,  excepting  the  tow:;s  of 
\Vareham  and  Rochefter.  The  diftricl  of 


L'     166    ] 

&  Barnflable  fnall  include  all  the  (bores  and  waters 
w'rthm  the  county  of  Barnftable.  The  diflrift 
&"••  of  Nantucket  fhall  include  the  iiland  of  Nan- 
tucket.  The  diftria  of  Edgartpwn  (hall  in- 
clude all  the  waters  and  fhores  within  the 
county  of  Duke's  County.  The  diftrid  of  Ncw- 
Bedford  fhall  include  all  the  waters  and  (hores 
within  the  towns  of  New-Bedford,  Dartmouth, 
Weflport,  Rochester  and  Wareham,  together 
with  all  the  iflands  within  the  county  of  Brif- 
tcl.  The  diflria  of  Dighton  fhall  include  all 
tlie  wafers  and  (hores  on  Taunton  river,  and 
in  the  town  of  Rchoboth  ;  and  the  collegers 
of  the  feveral  diflrids  v/ithin  that  part  of  the 
(late  of  Maffachuietts  eaftward  of  New-Hamp- 
flnre,  fhall  agree,  as  foon  as  may  be,  upon  a 
divifional  line  between  their  refpe&ivediftrifts, 
and  tranfmitvthe  fame  to  the  comptroller  of  the 
treasury  ;  and  fuch  diftrids,  fo  agreed  upon, 
fhall  include  all  the  fhores,  waters  and  iflands 
within  the  fame.  And  in  cafe  of  difagreement 
between  any  of  the  faid  collectors,  concern- 
ing fuch  divifional  line,  the  Secretary  of  the 
Treafury  fhall  determine  the  fame. 

Diftri&s  &       &1  tnc  ^ate  °^  Rhode-Ifiand  and  Provi- 
ports  in  R.  dence    Plantations,   there   fnall  be   two   dif- 

liland,   &c. 


the  diftricl  of  Providence.  The  diflria  of 
Newport  fhall  comprehend  all  the  waters, 
fhores,  bays,  harbors,  creeks  and  inlets,  from 
the  weft  fine  of  the  faid  flate  all  along  the  fea 
coall  and'northward  up  theNarraganfetBay,  as 
far  as  the  mod  eaflerly  part  of  Kihnimicut 
Point  at  high  water  mark  ;  and  mall  include 
the  feveral  towns,  harbors,  and  landing  places 
at  Wedcrly,  Charlefton,  South-Kingiiown,, 
North-Kingilown,  Eaft-Greenwich,  and  all 
that  part  of  Warwick  fouthward  of  the  lali^ 


tude  of  faid  Kinnimicut  Point ;  and  alfo  the 
towns,  harbors  and  landing  places  of  F er- 
ring-ton, Warren,  Briftol,  Tiverton,  Little- 
Compton,  and  all  the  towns,  harbors  and 
landing  places  of  the  iHand  of  Rhode-Ifland, 
James  Town,  Prudence,  New-Shoreham,  and 
every  other  iiland  and  place  within  the  ibid 
fhte  fcuthward  of  the  latitude  of  the  faid 
Kinnimicut  Point.  The  diflricl  of  Providence 
ihall  comprehend  all  the  waters,  fhores, 
bays,  harbors,  creeks  and  inlets  within  the 
faid  flate,  northward  of  the  latitude  of  Kin- 
nimicut.  Point.  The  town  of  Newport  fhali 
be  the  fole  port  of  entry  in  the  faid  didrict  of 
Newport ;  and  a  collector,  naval-officer,  and 
furveyor  fhall  be  appointed,  to  refide  at  the 
faid  town  of  Newport ;  and  Nerth-Kingftown, 
Eafl-Greenwich,  Barrington,  Warren,  Briftol 
raidPawcatiick  river  inWeiler!y,fhallbeports  of 
delivery  only  ;  and  a  furveyor  fhall  be  appoin- 
ted, to  refide  at  each  of  the  ports  of  North- 
Kingflown,  Eafl-Greenwich,  Warren,  Briftol 
and  Pawcatuck  river,  and  the  furveyor  t 
fide  at  Warren  fhall  be  furveyor  for  the  pert 
of  Barrington.  The  town  of  Providence  (hall 
be  the  fole  port  of  entry  in  the  faid  diflricb  of 
Providence,  and  Patuxet  in  the  fame  diftricc 
mall  be  a  port  of  delivery  only  ;  and  collector, 
nvval-officer  and  furveyor  fhall  be  appointed, 
to  refiile  at  Providence,  and  a  furveycr  fhdl 
be  appointed  to  reildc  at  Patuxc:. 

In  the  fhte  of  Conneclicut  fnall  be  three 
didricls,  to  wit :  New-London,  Ne\v-I-Iaven, 
and  Fairfield.  The  diltrict  of  New-London 
fnall  extend  from  the  eaft  line  of  the  laid  Hate 
fcf  Conneclicut,  to  the  \vefl  line  of  the  town  of 
Kiliingfworth,  and  north  to  the  fouth  line  of 
the  flate  of  Maffiichufytts  j  and  fhcill  :.!!b  in- 


C     '63     ] 

etude  the  feveral  towns  or  landing  places  of 
Norwich,  Stonington,  Groton,  Lyme,  Say- 
brook,  Had  dam,  Eaft-Haddarri,  Middletown, 
Chatham,  Weathersfield,  Glaftenbury,  Hart- 
ford, Eaft-Hartford,  Windfor,  Eajl-Windfor, 
and  Killingfworth,  as  ports  of  delivery  only  ; 
New-London  to  be  the  fole  port  of  entry  ;  and 
a  collector  and  furveyor  for  the  diflri£l  mall 
be  appointed,  to  reiiae  at  New-London  ;  and 
a  furveyor  to  refide  at  each  of  the  ports  of 
Stcnington  and  Middletown.  The  diftrict  of 
Ndw-Haven  mall  extend  from  the  weft  line  of 
the  didritl  of  New-London,  wefterly  to  Ou- 
fatumnick  river ;  to  which  mall  be  annexed 
the  feveral  towns  or  landing  places  of  Guild- 
ford,  Branford,  Milford  and  Derby,  as  ports 
of  delivery  only  ;  New-Haven  to  be  the  fole 
port  of  entry  ;  and  a  collector  and  furveyor 
for  the  diitrict  mall  be  appointed,  to  refide  at 
New-Haven.  The  diilrict  of  Fairfteld  mail  in- 
clude all  the  ports  and  places  in  the  laid  ftate 
of  Connecticut  weft  of  the  diftrict  of  Mew-Ha- 
ven ;  to  which  mail  be  annexed  the  feveral 
towns  or  landing  places  of  Nor  walk,  Stratford, 
Stamford,  and  Greenwich,  as  ports  of  delive- 
ry only  ;  Fairfield  to  be  the  fole  port  of  entry  ^ 
and  a  collector  for  the  dilirict  mall  be  appoin- 
ted, to  r elide  at  Fairfield.  And  New-London, 
New-Haven,  and  Fairfield,  mall  feverally  be 
ports  of  entry. 

&  ^  the  ftate  of  New-York  fhall  be  two  dif- 
.  York,  tricts ;  to  wit :  Sagg-Harbor  on  Naffau  or  Long- 
Ifland,  and  the  city  of  New- York,  each  of 
which  fliall  be  a  port  of  entry.  The  diflrict 
cf  Sagg-Harbor  mall  include  all  bays,  har- 
bors, rivers  and  mores  within  the  two  points 
of  land  which  are  called  Oyfler-Pond  Point, 
and  Montauk-  Point  ;  and  a  collector  for  the 


L    '69    ] 

district  fhall  be  appointed,  to  refide  at  Sagg- 
Harbor,  which  (hall  be  the  only  place  of  de- 
livery  in  the  fai  J  diftricl.  The  diftricl  of  the 
city  of  New- York  fhall  include  fuch  part  of  the 
coafts,  rivers,  bays  and  harbors  of  the  faid 
Hate,  not  included  in  the  difftricl  of  Sagg- 
Harbor  ;  and  moreover  the  feveral  towns  or 
landing  places  of  New-Windfor,  Newburgh, 
Poughkeepfie,  Efopus,  city  of  Hudfon,  Kin- 
derhook,  and  Albany,  as  ports  of  delivery 
only  ;  and  a  naval  officer,  collector  and  fur- 
veyor  for  the  diftricl  fhall  be  appointed,  to  re- 
fide  at  the  city  of  New- York  ;  alfo  two  fur- 
veyors,  one  to  refide  at  the  city  of  Albany, 
and  the  other  at  the  city  of  Hudfon;  and  all  (hips 
or  veiTels  bound  to  or  from  any  port  of  deli- 
very within  the  lad  named  diftricl:,  fhall  be 
obliged  to  come  to,  and  enter  or  clear  out  at 
the  city  of  New- York. 

In  the  ftate  of  New-Terfey  fhall  be  four  dif-  _..,.  .  . 

•rs  .  -^        i       i       {  -n       i-  DiftriAs 

trices ;  to  wit :  Pcrth-Amboy,  Burlington,  ports  in 
Bridgetown,  and  Great  Egg-Harbor,  which  N<  Jerfe?* 
fhall  feverally  be  ports  of  entry.  The  diftricl: 
©f  Perth-Amboy  fhall  comprehend  all  that 
part  of  the  ftate  of  New-Jerfey,  known  by 
the  name  of  Eaft  New-Jerfey  (that  part  ex- 
cepted  which  is  hereafter  includecLin  the  dif- 
tricl of  Burlington)  together  with  all  the  wa- 
ters thereof  heretofore  within  the  jurifdiclion 
of  the  faid  ftate  ;  in  which  diftricl  the  towns 
or  landing  places  of  New-Brunfwick,  Mid- 
dletown-Point,  Elizabeth-Town,  and  New- 
ark, fhall  be  ports  of  delivery  only  ;  and  a  col- 
leclor  for  the  diftricl  fhall  be  appointed,  to 
refide  at  Perth-Amboy.  The  diftricl  of  Bur- 
lington fhall  comprehend  that  part  of  the  faid 
ftate  known  by  the  name  of  Weft  New-Jer- 
fey, which  liss  to  the  caftward  and  northward 
VOL.  L  Y 


C    170    ] 

°f  ^1C.  ccurity  °f  Gloucefter,  \vith  all  the 
ters  thereof  heretofore  within  the  jurifdidion 
N,  jerky,  ^f^g  fojj  flate,  including  the  river  and  inlet 
of  Little  Egg-Harbor,  with  the  waters  empty- 
ing into  the  fame,  and  t-he  fea-coaft,  found, 
inlets  and  harbors  thereof,  from  Barnegat  inlet 
to  Brigantine  inlets,  in  which  diitricl  the  land- 
ing places  of  Lamberton  and  Little  Egg-Har- 
bor (hall  be  ports  of  delivery  only ;  and  a  collec- 
tor (hail  be  appointed  for  the  diftricl,  to  re- 
fide  at  Burlington,  and  a  furveyor  at  Little 
Egg-Harbor.  The  diftriel  of  Bridgetown  ihall 
comprehend  the  counties  of  Gleucefter,  Sa- 
lem, Cumberland,  and  Gape-May  (fuch  part 
of  the  counties  of  Glouceiter  and  Cape-May 
as  ihall  be  herein  after  included  in  the  diftricl 
of  Great  Egg-Harbor,  excepted)  and  all  the 
waters  thereof  heretofore  within  the  jurifdic- 
tion  of  the  faid  Rate  ;  and  the  town  of  Salem 
and  Port  Elizabeth,  on  Maurice  river,  mail 
be  ports  of  delivery  only  ;  and  a  colleclor 
ihall  be  appointed,  to  refide  at  Bridgetown. 
The  diftrift  of  Great  Egg-Harbor  ftali  com- 
prehend the  river  of  Great  Egg-Harbor,  toge- 
ther with  all  the  inlets,  bays,  found,  rivers 
and  creeks,  along  the  fea  coaft,  from  Brigan- 
tine inlet  to  Cape-May  ;  and  a  collector  mall, 
be  appointed,  to  refide  at  Somers's  Point,  on* 
the  faid  river  of  Great  Egg-Harbor. 

^^e  ^ate  °*  Pennfylvam'a  ma^  be  one  dif- 
trict,  and  Philadelphia  ihall  be  the  fole  port 
-  of  entry,   and   delivery  for   the   fame  ;  and   a, 
collector,   naval-officer   and  furveyor  for  the 
diftricl:  ihall  be  appointed,  to  reiide  at  the  faid 
n  port  of  Philadelphia. 

gdrts  in          ^  Re  ftate  °f  Delaware  (hall  be  one  diftricl, 

Delaware,  and  the  borough  of  Wilmington  (hall  be  the 

port  of  entry,  to  which  fhall  be  annexed  New- 

caftle  and  Port  Penn,  as  ports  of  delivery  oji- 


C     '71     J 

Sy •;    and  a  collector  for  the  diftricl:  (hall  be 
appointed,  to  refide  at   the  faid  port  of  Wil- 


mington. 


In  the  ftate  of  Maryland  (hall  be  nine  <lif-  Dia 
tricls  ;  to  wit :  Baltimore,  Chefter,  Oxford,  M 
Vienna,  Snowhill,   Annapolis,  'Nottingham, 
Cedar-point,  and  Georgc-To\vn.  The  ctiftrict. 
of  Baltimore  fnall  include  Patapfco,  Sufque- 
hannah,  and  Elk  rivers,  and  all  the  waters 
-and  fhores  on  the  weft  fide  of  Chelapeake- 
Bay,  from  the  mouth  of  Magetty  river  to  the 
fouth  fide  of  Elk  river,  inciufivc,  in   which 
Havre  de  Grace  and  Elkton  ihail  be  ports  of 
•-delivery  only  ;  and  a  colleftoi,  naval-officer 
.and  furveyor  mall  be  appointed  for  the  faid 
diftricl:,  to  refide  at  the  town  of  Baltimore, 
•which  ihall  be  the  fole  port  of  entry.    The 
•diftria  of  Cheftcr  (hall  include  Chcftcr  river, 
-and  all  the  waters  and  mores  on  the  eaftern 
fide  of  Chefapcakc-Bay,  from  the  fouth  fide 
of  Elk-river  to  the  north  ildc  of  the  Eaftern- 
Bay,  and   Wye  river,   inciufive  ;    in  \vhich 
^Georgetown  on  Salfafras  river,  mull  be  a  port 
of  delivery  only  ;   and  a  collector  for  the  ciif- 
tricl  (hall  be  appointed,  to  refide  at  Cheftcr, 
which  ihall  be  the  fole  port  of  entry.  The  dif- 
tricl of  Oxford  fnall  include  all  the  waters 
.and  fhores  on  the  eaflern  fide  of  Chefapeake- 
Bay,  from  the  north  fide  of  Wye  river  and 
the  Eadern-Bay,  to  the  fouth  fide  of  Great 
Choptank  river,  inciufive  ;   and   Cambridge 
ihall  be  a   port  of  delivery  only  ;  and  a  col- 
ieclor  for   the  diftricl  fhall  be  appointed,  to 
refide  at  Oxford,  which  fhall  be  the  fole  port 
of  entry.  The  diftricl:  of  Vienna  fhall  include 
all  the  waters   and  Ihores  on  the  eaftern  fide 
of  Chefapeake-Bay,  from  the  fouth  fide  of 
'-Great  Choptank  river,  to  the  fouth  fide  of 


I73 

&  Hooper's  Strait,  Haynes's  Point  and  Wicc- 


ports  in  mico  river,  inclufive  ;  and  Salifhury  fliall  be 
the  port  of  delivery  only  ;  and  a  collector  for 
the  diftricl:  fhall  be  appointed,  to  reUde  at 
Vienna,  which  (hall  be  the  fole  port  of  entry. 
The  diftrict  of  Snowhill  fhall  include  all  the 
waters  and  fhores  on  the  fea-coaft,  from  the 
north  line  of  Virginia,  to  the  fouth  line  of 
Delaware,  together  with  all  the  waters  and 
fhores  on  the  eaflern  fide  of  Chefapeake-Bay, 
from  the  fouth  fide  of  Wicomico  river,  to  the 
fouth  fide  of  Pocomoke  river,  inclufive,  fo  far 
as  the  jurifdiclion  of  the  faid  Hate  of  Maryland 
extends  ;  to  which  Sinnipuxent  (hall  be  a  port 
of  delivery  for  'Weft-  India  produce  only  ;  and 
a  collector  for  the  c.iftricl  mall  be  appointed, 
to  refide  at  Snowhill,  which  fhall  be  the  fcle 
port  of  entry.  The  diftrict  of  Annapolis  fhall 
include  Magetty  river,  and  all  the  waters  and 
fhores  from  thence  to  Drum-Point,  on  Patux- 
ent  river  ;  and  a  collector  for  the  diftricl  mall 
be  appointed,  to  refide  at  Annapolis,  which 
fhall  be  the  fole  port  of  entry  and  delivery  for 
the  fame.  The  diftricl  of  Nottingham  "fhall 
include  all  the  waters  and  fhores  on  the  weft 
fide  of  Chefapeake-Bay,  to  Drum-Point,  on 
the  river  Patuxent,  together  with  the  faid  ri- 
ver, and  all  the  navigable  waters  emptying  in- 
to the  fame,  to  which  Benedict.,  Lower  Marl- 
borough,  Town  Creek,  and  Sylvey's  Landing, 
fhall  be  annexed  as  ports  of  delivery  only  ;  a 
collector  for  the  diftricl;  mall  be  appointed,  to 
reficle  at  Nottingham,  and  a  furveyor  at  Town 
Creek  ;  and  Nottingham  fhali  be  the  fole  port 
of  entry.  The  diftricl  of  Cedar  Point  fhall  in- 
clude all  the  waters  of  Potowmack  within  the 
jurif  diction  of  the  ftate  of  Maryland,  from 
Point-look-out  to  Pomonky  Creek,  inclufive  j 


to  which  Naniemoy,  Saint  Mary's  and  Lewel-  Dirtri(-q.8 

n     11  i  i  r    i    T  parts    in 

leniburg,  ihall  be  annexed  as  a  port  or  delivery  Maryland', 
only  ;  and  a  collector  for  the  diflricl  fliall  be 
appointed,  to  refide  at  Cedar  Point ;  alfo  a 
furveyor  to  refide  at  each  of  the  ports  of  Saint 
Mary's  and  Lewelleniburg ;  ana  Cedar  Point 
fliall  be  the  fole  port  of  entry.  The  dhlrift 
of  Georgetown  (hail  include  all  the  waters  and 
ihcres  from  Pomohky  Creek,  on  I  ho  north 
iide  of  Potowmack  river,  to  the  head  of  the 
navigable  waters  of  the  laid  river  within  the 
jurifdiclion  of  the  date  of  Maryland  ;  to  which 
Digges's  landing  and  Carrolfburg  fliall  be  an- 
nexed as  ports  of  delivery  only  ;  and  a  collec- 
tor for  the  dillricl  fliall  be  appointed,  to  re- 
fide  at  Georgetown,  which  fliall  be  the  fole 
port  of  entry. 

In  the  (late  of  Virginia  fliall  be  twelve  dif- 
trials ;  to  wit :  Hampton  as  one  port ;  Norfolk  vi 
and  Portfmouth  as  one  port ;  Bermuda  Hun- 
dred and  City  Point  as  one  port ;  Yorktown, 
Tappahannock,  Yeocomico  river,  including 
Kiniale,  Dumfries,  including  Newport,  Alex- 
andria, Foley-Landing,  Chcrryflone,  South 
Quay,  and  Louifville.  The  authority  of  the 
niicers  at  Hampton  fhall  extend  over  all  the 
waters,  fliores,  bays,  harbors  and  inlets,  be- 
tween the  fouth  iide  of  the  mouth  of  York 
river,  along  the  weft  fliore  of  Chefapeake-Bay 
to  Hampton,  and  thence  up  James  river  to 
the  weft  fide  of  Chickahormny  river ;  and  a 
collector  fhall  be  appointed,  to  refide  at  Hamp- 
ton, which  ihall  be  the  fok  port  of  entry.  To  % 
the  diftrict  of  Norfolk  and  Portfmouth  fhall 
be  annexed  Suffolk  and  Smithfield  as  ports  of 
delivery  only  ;  and  the  authority  of  the  officers 
of  the  diftricl  fhall  extend  over  all  the  wa- 
ters, fhores,  bays,  harbors  and  inlets  com- 


3 

&  prehended  within  a  line  drawn  From  Cqre 
Henry  to  the  mouth  of  James  river,  and  thence 
up  James  river   to   Jordan's   point,   and  up 
Elizabeth-river  to  the  higheft  tide  water  there- 
of; and  Norfolk  and  Portfmouth  fnall.be  the 
fole  port  of  entry  ;  and   a  collector,  n^val- 
officer  and  furveyor   for  the  diftri6l  mail  be 
appointed,  to  refide  at  Norfolk ;  alfo  a  furveyor 
to  refide  at  each  of  the  ports  of  Suffolk  and 
Smithfield.  To  the  diftrict  of  Bermuda  Hun- 
dred or  City  Point,  (hall  be  annexed   Rich- 
mond, Peteriburg,  and  Manchefter,  as  ports 
of  delivery  only  ;  and  a  collector  and  furvey- 
or fhall  be  appointed,  to  refide  at  Bermuda 
Hundred  or  City  Point,  which  fhall  be  the 
fole  port  of  entry  ;  alfo  a  furveyor  for  Peterf- 
;burg  to  refide  thereat,  and  a  furveyor  for  Rich- 
mond and Manchefter  to  refide  at  Richmond; 
and  the  authority  of  the  officers  of  the  faid 
diftridt  fhall  extend  over  all  the  waters,  mores, 
bays,  harbors  and   inlets,  comprehended  be- 
tween Jordan's  point  and  the  high  eft  tide  wa- 
ter on  James  and  Appamattox  rivers.  To  the 
tliftrict  of  Yorktown  fhall  be  annexed  Weft- 
Point  and  Cumberland  as  ports  of  delivery 
only  ;  and  a  collector  for  the  dillricl  fhall  be 
appointed,  to  refide  at  Yorktown,  which  fhall 
be  the  fole  port  of  entry  ;   alfo  a  furveyor  for 
the  two  ports  of  delivery,  to  refide  at  Weft- 
"Point ;  and  the  authority  -of  the  officers  of  the 
xiaid  diftrict  mail  extend  over  all  the  waters, 
Chores,  bays,  harbors  and  inlets,  comprehended 
•foetweeen  the  point  forming  the  fcuth  fhore  of 
the  mouth  of  Rappahannock  river,  and  the 
point  forming  the  foutli  fhore  of  the  mouth 
of  York  river,  and  thence  up  the  fnid  river  to 
Weft-Point,   and  thence  up  Painunkey  and 
Mattapony  rivers   to  the  higheft   navigable 


C     *75     1 

waters  thereof..  To  the  diftrict  of  Tappahan- 
node  fhall  be  annexed  Urbanna,  Port-Royal,  vlr 
and  Frederickfb urg  (including  Falmouth),  as 
ports  of  delivery  only ;  and  a  collector  for 
the  diftrict  fhall  be  appointed,  to  refide  at  Tap- 
pahannock,  which   mall  be  the  fole  port  of 
entry  ;  alfo  a  furveyor  for  each  of  the  ports 
of  Urbanna,  Port-Royal,  and  Frederickfburg ; 
and  the  authority  of  the  officers   of  the  faicl 
diftrict  fhall  extend  over  all  the  waters,  (bores., 
bays,  harbors  and  inlets,   comprehended  be- 
tween Smith's  point,  at  the  mo-nth  of  Potow- 
mack  river,  and  the  point  forming  the  fouth 
fiioreof  the  mouth  of  Rappahannockriver,and 
thence   up  the  lafl    mentioned  river  to  the 
higheft   tide   water   thereof.     The   diftrict  of 
Yeocomico  river  including  Kinfale  fhall  extend 
from  Smith's  Point   on  the  fouth  fide  of  Po- 
towmack  river,   to  Boyd's  Hole  on  the  fame 
river,  including  all  the  waters,  fhores,  bays, 
rivers,   creeks,  harbors  and  inlets  along  the 
fouth   fhore  of  Potowmack  river  to   Boyd's 
Hole   aforefaid ;    and   Yeocomico    including 
Kinfale,  fhall  be  the  fole  port  of  entry  ;  and  a 
collector    fhall    be    appointed    to    refide    on 
Yeocomico  river.  The  diftrict  of  Dumfries  in- 
cluding Newport,  mail  extend  from  Boyd's 
Hole  to  Cockpit-Point  on  the  fouth  fide  of 
Potowmack  river  ;  and  a  collector  mall  be  ap- 
pointed, to  refide  at  Dumfries,  which  fhall  be 
the  fole  port  of  entry  ;.  and  the  authority  of 
the  officers  of  this  diftrict  fhall  extend  over  all 
the  waters,  fhores,  bays,  harbors  and  inlets 
comprehended    between    Boyd's    Hole    and 
Cockpit-Point  aforefaid.    For  the  diftrict  of 
Alexandria  fhall  be  appointed  a  collector  and 
furveyor,  to  refide  at  Alexandria,  which  fhall 
be.  the  fole.  port  of  entry  ; .  and  the  authority  of 


[   i;6   3 

&  the  officers  of  the  faid  dillrict  fhall  extend  gver 
all  the  waters,  mores,  bays,  harbors  and  inlets 
on  the  fouth  fide  of  the  river  Potowinack,  from 
the  lad  mentioned  Cockpit-Point  to  the  high- 
eft  tide  water  of  the  faid  river.  For  the  difrrict 
of  Foley  Landing  mail  be  appointed  a  collec- 
tor, who  mall  refide  at  Accomack  Court-houfe, 
and  whofe  authority  mall  extend  over  all  the 
waters,  mores,  bays,  harbors  and  inlets  of  the 
county  of  Accomack.  For  the  diflrict  of  Cher- 
ryilone  mall  be  appointed  a  collector,  to  re- 
fide  at  Cherryflone,  whofe  authority  mall  ex- 
tend over  all  the  waters,  mores,  bays,  harbors 
and  inlets  comprehended  within  Northampton 
county.  For  the  diftrict  of  South  Quay  a  col- 
lector mail  be  appointed,  to  refide  thereat, 
whofe  authority  fhall  extend  overall  thewaters, 
mores,  bays,  harbors  and  inlets  in  that  part  of 
Virginia,  comprehended  within  the  limits  of 
the  faid  ilate.  For  the  diftrict  of  Louifville  a 
collector  fhall  be  appointed,  to  refide  thereat, 
whofe  authority  mail  extend  over  all  the  waters, 
mores  and  inlets  included  between  the  rapids 
and  the  mouth  of  the  Ohio  river  on  the  fouth 
fide  thereof. 

&  In  the  flate  of  North- Carolina  fliall  be  five 
diftrifts;  one  to  be  called  the  diftrict  of  Wil- 

IJf  .Carolina.       .  .     . 

mmgton,  and  to  comprehend  ail  tne  waters, 
mores,  bays,  harbors,  creeks  and  inlets,  from 
Little  River  inlet,  inclufive,  to  New  River  in- 
let, inclufive  :  another  to  be  called  the  diftrict 
©f  Newbern,  and  to  comprehend  all  the  wa- 
ters, mores,  bays,  harbors,  creeks  and  inlets, 
from  New"  River  inlet,  exclufive,  to  Ocracoke 
injet,  inclufive,  together  with  that  part  of 
Pampticoe  found  which  lies  fouthward  and 
weftward  of  the  flioal  projecting  from  the 
mouth  of  Pampticoe  river  towards  the  Royal 


t     '77   '] 

'u'.aiidfouthwr.rd  of  thefaid  Royal  Shoal. 
Another  to  be  called  the  diltria  of  Wafliing- 
ton,  and  to  comprehend  all  that  part  of  Pamp- 
ticr-e  found  not  included  in  the  diltrict  of  New- 
bern,  as  far  north  as  the  mar  flies.  Another  to 
be  called  the  cliitrict  of  Edenton,  and  to  com- 
prehend all  the  waters,  bays,  harbors,  creeks 
and  inlets,  from  the  marfhes,  inclufive,  north- 
ward i.ri  weflward,  except  thofe  inclu- 
ded in  the  di drift  of  Cambden.  The  other 
to  be  called  the  dhtrict  of  Cambden,  and  to 
icomprehend  North  River,  Pafquotank  and 
Little  Rivers,  and  all  the  waters,  fhores,  bays, 
harbors,  creeks  and  inlets,  from  the  junction 
of  Currituck  and  Albemarle  founds  to  the 
north  extremity  of  Back- Bay.  That  in  the  dif- 
trict  of  Wilmington,  the  town  of  Wilmington 
mall  be  a  port  of  entry  and  delivery,  and  there 
fhall  be  collector,  naval-officer  and  fyrveyor, 
to  refide  at  the  faid  town  of  Wilmington. 
That  in  the  diftrict  of  Newbern,  the  town  of 
Newbern  (hall  be  a  port  of  entry  and  delivery, 
and  the  towns  of  Beaufort  and  Swanfborough 
mall  be  ports  of  delivery  onl)%  and  there  mail 
be  a  collector  to  refide  at  Newbern,  and  a 
furveycr  to  refide  at  Beaufort,  and  one  at 
Swaniborough.  That  in  the  diftrict  of  Wafh- 
ington,  the  town  of  Wafhingtoa.mall  be  the 
fole  port  of  entry  and  delivery,  and  there  mall 
be  a  collector  to  refide  within  the  fame.  That  in 
the  diftrict  of  Edenton,  the  town  of  Edenton 
fhali  be  a  port  of  entry  and  delivery,  and  Hert- 
ford, Murfreefborough,  Princeton,  Winton, 
Bennet/s  Creek,  Plymouth,  Windibr  and  Ske- 
warkey,  ports  of  delivery  ;  and  there  mail  be 
a  collector  to  refide  at  the  town  of  Edenton, 
and  a  furveyor  at'  each  of  the  ports  of  Hert- 
ford, Winton,  Bennet's  Creek,  Plymouth, 
VOL.  I.  Z 


t  178  ] 

tsftrt'.ris  &  Windfor  -and  Skewarkey  ;  and  one  at  Mur- 
ftcSnk,  freefborough,  for  faid  port  and  for  Princeton . 
That  all  fhips  or  veflels  intending  to  proceed 
to  Plymouth,  Windfor,  Ske\vark-:y,  Winton, 
Beimet's  Creek  bridge,  Murfreeiborough,  or 
Princeton,  fhall-  firft  come  to  and  enter  at  the 
pert  of  Eden'ton.  That  in  the  diftricl:  of  Camb- 
den,  Plankbridge  on  Sawyer's  Creek,  mall  be 
the  port  of  entry  and  delivery,  and  Nixonton, 
Indiantown,  Newbiggin  Creek,  Currituck  in- 
let, Pafquotank  River  bridge,  ports  of  delivery ; 
and  there  fhall  be  a  collector  at  Plankbridge 
on  Sawyer's  Creek,  and  a  furveyor  at  each 
of  the  ports  of  Nixonton,  Indiantown,  Cur- 
rituck inlet,  Pafquotank  River  bridge,  and 
Newbiggin  Creek ;  and  that  the  authority  of 
the  oflicers  of  each  diftricl;  fhall  extend  over  all 
the  waters,  fhores,  bays,  harbors,  creeks  and 
inlets  comprehended  within  fuch  diftrict.  Pro- 
vided, That  any  veflels  coming  in  at  Ocracoke 
inlet,  that  may  be  under  the  neceflity  of  em- 
ploying lighters  before  they  pafs^  the  Royal 
Shoal,  may  be  at  liberty  to  enter  at  any  port 
of  entry  connected  with  the  waters  of  faid  in- 
let, to  which  fuch  veflels  are  bound.  And  that 
any  veiTel  coming  in  at  the  faid  inlet  in  ballaft, 
with  the  purpofe  of  loading  without  the  Roy- 
al Shoal,  fhall  be  at  liberty  to  enter  at  any  port 
of  entry  connected  with  the  waters  of  the  faid 
inlet. 

In    the  ftate  of  South-Carolina,   fliall    be 

a^orrsm  three  diftricts ;  to  wit :  Georgetown,  Charlef- 

i. Carolina,  ton,  and  Beaufort,  each  of  which  fhall  be  a 

port  of  entry.    The  diftrict  of  Georgetown 

fliall  include  the  fliores,  inlets  and  rivers,  from 

the  boundary  of  North-Carolina  to  the  point  of* 

Cape  Remain.  The  diftrict  of  Charlefton  mall 

include  all  the  fhores,  inlets  and  rivers,  from 


C     '79    ] 

Tlomain  to  Combahee  river  inclufive  ; 
and  the  diftrid  of  Beaufort  mall  include  die 
mores,  inlets  and  rivers,  from  Combahee  river 
to  Back  river  in  Geo  v^ia,  comprehending  c.iib 
the  mores,  inlets  and  harbors  formed  by  the 
different  bars  and  fea  iflands  lying  within  each 
ciiftrict  reflectively.  At  the  port  of  Charlellen 
fliall  be  a  collector,  naval- officer  and  furvey- 
or  ;  and  a  collector  at  each  of  the  other  ports.  Diriri 

!••  the  ftate  of  Georgia  fhall  be  four  diitrids ; 
to  \vit  :  Savannah,  Sunl/ury,  Brimfwick,  and 
Saint  Mary's,  each  of  which  fhall  be  a  port  of 
en.  y.  The  diftrict  of  Savannah  lhall  include 
Savannah  river,  and  all  the  waters,  mores, 
harbors,  rivers,  creeks,bays,  and  inlet?,  from 
thj  laid  river  to  the  north  point  of  Oilabaw 
ifland,  and  Great  Ogceche  rivers,  inclufive  ; 
and  a  naval-ofncer,  collector  and  fiirveyor  (h:il 
b^  appointed  for  the  faid  diftricl,  to  re  fide  at 
Savannah. .  The  diftrict  of  Sunbury  fhall  com- 
prehend all  the  waters,  fhores,  harbors,  rivers, 
creeks,  bays 'and  inlets,  fouth  of  the  north  por.it 
of  Oilabaw  ifland  and  Great  Ogeeche  river,  ex- 
clufive,  and  north  of  the  fouth  point  ofSapelo 
ifland, inclufive,  and  a  collector  for  the  faid  dif- 
tri6t  0  all  be  appointed  to  refide  at  Sunbury. 
The  diitrict  oJ:  Brunfwick  mall  comprehend 
all  the  waters,  fhores,  harbors,  rivers,  creek?, 
bays  and  inlets,  from  the  fouth  point  ofSapelo 
ifland,  exclufive,  to  the  fouth  point  of  Jekvl 
ifland,  inclufive;  Frederica  fliall  be  a  port  of 
delivery  only  ;  and  a  collector  for  the  diftricl 
fhall  be  appointed,  to  refide  at  Brunfwick. 
The  diftricl  of  Saint  Mary's  fhall  comprehend 
all  the  waters,  fhores,  harbors,  rivers,  creeks, 
bays,  and  inlets,  from  the  fouth  point  of  Jekyl 
ifland,  exclufive,  to  Saint  Mary's  river,  inclu- 
five ;  and  a  collector  for  the  faid  diitrict  (hail 


r  180  i 

be  appointed,  to  refide  at  Saint  Mary's :  and  ia 
each  cf  the  faid  diflricls  it  fhall  be  lawful  for 
the  collector  to  grant  a  permit  to  unlade  at 
any  port  or  place  within  the  diflrift,  and  to 
appoint  or  put/m  board  any  fhip  or  veflel  for 
which  a  permit  is  granted,  one  or  more 
fearcherfc  or  infpectors  as  may  be  necefTary  for 
the  fecurity  of  the  revemie. 

Sec.   2.  And  be  tf  further  enafted.  That  it 
fhall  not  be  lawful  to  make  entry  of  any  fLip 
or  veiTel  which  mail  arrive  from  any  foreign 
port  or  place  within  the  United  States,  or  cf 
the  cargo  on  board  fuch  fhip  or  vefiel  eiie- 
where  than  at  one  of  the  ports  of  entry  here- 
in before  eftablifhed,  nor-  to  unlade  the  faid 
forts  of  en-  cargo,  cr  any  part  thereof,  elfewhere  than  at 
try  to  i:e     one  of  tne  ports  of  delivery  herein  eftablifhed  : 

ports  wide-     7-,          .  T     7     *.  n-i  r 

livery.        Provided  always ,    lhat   every  port  or  entry 

UvefcViL^  ^ia^  ^C  atf°  a  Port  °f  delivery  :  And  -provided 
which  fo-  further ^  That  none  but  fiiips  or  veifels  of  the 
roguvei-  United  States  fhall  be  admitted  to  unbelt  at 

(e!s  are  re-  ,  ,  r   T         • 

United.  any  other  than  the  ports  to  I  lowing  ;  to  wit  : 
Portfmouth,  in  the  ftate  of  New-Hampiliire  : 
Portland  and  Falmouth,  New-Bedford,  Digh- 
ton,  Salem  and  Beverly,  Gloucefter.  Newbu- 
ryport,  Marblehead,  Sherburne,  Boftcn  and 
Charleftown,  Plymouth,  Bath5  Frenchman's- 
Bay,  Wifcaiiet,  Machias,  and  Penobfcot,  in 
the"  ftate  of  MarTachufetts  :  Newport  and  Pro- 
vidence, in  the  flate  of  Rhode-Illand  and  Pro- 
vidence Plantations  :  New-London  and  New- 
1  Haven,  in  the  flate  of  Connecticut:  New- 
York,  in  the  fcate  of  New- York  :  Perth-Am- 
boy,  and  Burlington,  in  the  ftate  of  New- 
Jerfey  :  PruladtJphia,  in  the  flate  of  Pennfyl- 
yania:  Wilmington,  Newcaflle  andPort-Penn, 
in  the  flate  of  Delaware  :  Baltimore,  Anna- 
polis,  Vienna,  Oxford,  Georgetown  on  Po- 
iowmack,  Cheflertown,  Town- Greek,  Not 


C    'Si    ] 

dngham,    Cedar    Point,    Digges's    Landing, 
Snowhill  and  Carrolfburgh,  in  the  ftate  of 
Maryland :  Alexandria,  Kinfale, Newport, Tap- 
pahannock,  Port-Royal,  Frederickfburg,  Ur- 
banna,  Yorktown,  Welt-Point,  Hampton,  Ber- 
muda Hundred,  City-Point,  Rocket's  Land- 
ing, Norfolk,  and  Portfmouth,  in  the  ftate  of 
Virginia  :   Wilmington,  Newbern,  Wafhing- 
ton,  Edenton,  and  Plankbridge,   in  the  ftate 
of  North-Carolina  :  Charlefton,  Georgetown, 
and  Beaufort,  in  the  ftate  of  South-Carolina  : 
and  in  either  of  the  diftrich  of  Savannah,  Sun- 
bury,  Brurvfvvick,  Fredcrica,  and  Saint  Mary's, 
in  the  ftate  of  Georgia  ;  or  to  make  entry  in 
any  other  diftridt  than  in  one  in  which  they 
fhall  be  fo  admitted  to  unlade  :  And  provided  t 
laftly,    That  no  fhip  or  veifel  arriving  from  vefrd»arri 
the  Cape  of  Good  Hope,  or  from  any  place  ^e8Cap« 
beyond   the  fame,  (hall  be  admitted  to  make  c.  Hope 
entry  at  any  other  than  the  ports  following  ;  JS 
to  wit :  Portfmouth,  in  the  ftate  of  New-Hamp-  ttd. 
fhire :  Bofton  and  Charleftown,  Newburypcri:, 
Salem  and  Beverly,  Gloucefter,  Portland  and      . 
Falmouth,  in  the  ftate  of  Maflachufetts  :  New- 
port, and  Providence,  in  the  ftate  of  Rhode- 
Illand  and  Providence  Plantations  :  New-Lon- 
don, and  New-Haveii,  in  the  ftate  of  Connec- 
ticut :  New- York,  in  the  ftate  of  New- York  : 
Pcrth-Amboy,   in  the    ftate  of  New-Jerfey : 
Philadelphia,   in    the  ftate  of  Pennfylvania : 
Wilmington,  in  the  ftate  of  Delaware  :   Bal- 
timore,  Annapolis,   and  Georgetown,  in  the. 
ftate  of  Maryland  :  Alexandria,  Norfolk,  and 
Portfmouth,   in  the  ftate  of  Virginia :  Wil- 
mington, Newbern,  Wafhington,  and  Eden^ 
ton,  in  the  ftate  of  North-Carolina  :  Charlef- 
ton,  Georgetown,  and  Beaufort,  in  the  ftatq 
pf  South-Carolina :  and  Sunbury  and  Savan- 


C    182    ] 

nah,  in  the  Mate  of  Georgia  :  Provided,  That 
nothing  herein  contained  fliall  prevent  the 
mailer  or  commander  of  any  fhip  or  vefTel, 
from  making  entry  with  the  colkclor  of  any 
diilricl  in  which  fuch  flap  or  vefTel  may  be 
owned,  or  from  which  flie  may  have  failed  on 
the  voyage  from  which  me  mail  then  have  re- 
turned. 

ports  of  dc-       Sec.  3.  And  be  it  further  cnatled^  That  the 
vlm&'vcf-  ma^-er  or  commender  of  every  fhip  or  veiTel 
s  bound    bound  to  a  port  of  delivery  only,  in  any  of 
^t  the  following  dift rifts  ;  to  wit :.  Portland  and 
the  port  of  Fahiiouth,  Bath,  Newburyport,  New-London, 
(except   the  port  of  Stonington,  in  the  faid 
diftrift)  Norfolk  and  Portfmouth,  Bermuda- 
Hundred  and  City-Point,  Yorktown,  or  Tap- 
pahannock,  (except  the  port  of  Urbanna,  in 
the  faid  diflricl)  and  Edenton,  mall  firft  come 
to  at  the  port  of  entry  of  fuch  diflritt,  with 
his  fhip  or  vefTel,  and  there  make  report  or  en- 
try, and  pay,  or  fecure  to  be  paid,  all  legal ' 
duties,   port  fees   and  charges  in  manner  by 
this  aft  provided,  before   fuch   fhip  or  vefie! 
mail   proceed   to   her  port  of  delivery  ;  and 
that 'any  fhip  or  veflel  bound  to  a  port  of  de- 
livery in  any  diftrift  other  than  thofe  above- 
mentioned,  or  to  either  of  the  ports  of  Sto- 
nington or  Urbanna,  may  fti  ft  proceed  to  her 
port  of  delivery,  and  afterwards  make  report: 
or  entry  within  the  time  by  this  act  limited. 
Diftria?  to       Sec.  4.  And  be  it  further  entitled^  That  the 
Iv Abound  mailer  or  commander  of  every  fhip  or  veflel, 
iiiaii  m  E      if  bound  to  the  diflricl  of  Nottingham,  mall, 
poui "hi"  before  he  pafs  by  the  port  of  Town-Creek,  and 
out  deliver-  immediately  after  his  arrival,  depofit  with  the 
•n^a  ,.u,ii-  furveyor  of  the  laid  port,  a  true  manifefl  of  the 
cargo  on  board  fuch  fhip  or  veflel :  if  bound  j 
IQ  the  diftricl  of  Tappahannock,  fhall,  before  ] 


C    '83    ] 

he  pafs  by  the  port  of  Urbanna,  and  immedi- 
ately after  his  arrival,  depofit  with  the  furveyor 
for  that  port  a  like  manifeft :  if  bound  to  the 
diftricfc  of  Bermuda-Hundred  or  City-Point, 
fhall,  before  he  pafs  by  Elizabeth-River,  and 
immediately  after  his  arrival,  depofit  with  the 
collector  of  the  port  of  Norfolk  and  Portf- 
mouth,  or  with  the  collector  of  the  port  of 
Hampton,  a  like  manifeft :  and  if  bound  to 
the  diftrict  of  South-Quay,  fhall,  before  he 
pafs  by  the  port  of  Edenton,  and  immediately 
after  his  arrival,  depofit  with  the  collector  of 
the  port  of  Edenton,  a  like  manifeft.  And 
the  faid  furveyors  and  collectors  refpectively, 
fhall,  after  regiftering'the  manifefts,  tranfmit 
the  fame,  duly  certified  to  have  been  fo  depo- 
fited,  to  the  officer  with  whom  the  entries  are 
to  be  made.  And  if  the  mafter  or  commander 
of  any  fhip  or  vefTel  ihall  neglect  or  omit  to  maniw 
clepofit  a  manifeft  in  manner  aforefaid,  and  as 
the  cafe  (hall  require,  he  fhall  forfeit  and  pay 
five  hundred  dollars,  to  be  recovered  with 
cofts  of  fuit,  one  half  to  the  ufe  of  the  officer 
with  whom  fuch  manifeft  ought  to  have  been 
depofited,  and  the  other  half  to  the  ufe  of  the 
collector  of  the  diftricl:  to  which  the  faid  (hip 
or  veflel  may  be  bound :  Provided,  That  if 
manifefts  fhall  have  been  in  either  of  the  faid 
cafes  previoufly  delivered  to  any  officer  of  the 
cuftoms,  purfuant  to  the  provifjon  hereinafter 
to  be  made  in  that  behalf,  the  depofiting  of  a 
manifeft  as  aforefaid  fhall  not  be  necelfary : 
And  provided  alfo.  That  no  mafter  of  any  fhip  - 
or  veffel  which  was  abfent  from  the  United 
States  on  the  firft  day  of  May  laft,  and  which 
hath  not  fince  returned  within  the  fame,  or  of 
any  fhip  or  verTel  not  owned  wholly  or  in  part 
by  a  citizen  or  inhabitant  of  the  United  State*, 


thlicers  to 
l)e  appoin-- 
tcdin  pur  lu 
.anceof  this 
suit  to  take 
<m  oath  ; 


penalty  in 

default 

thereof. 


Duties  of 
*MC  collec- 
tor 


thall  incur  the  faid  penalty,  if  he  mall  mar.,: 
oath  or  affirmation  that  he  had  no  knowledge 
of  or  information  concerning  the  regulation 
herein  contained,  nnlefs  it  can  be  otherwife 
proved  that  he  had  fuch  knowledge  or  infor- 
mation. 

Sec.  5.  And  be  it  further  enacled.  That  all 
officers,  and  perfons  to  be  appointed  purfuanf. 
to  this'act,  before  they  enter  upon  the  duties 
of  their  refpective'  offices,  (hall  feverally  take 
an  oath  diligently  and  faithfully  to  execute 
the  duties  of  their  faid  offices  reflectively,  and 
to  ufe  their  bed  endeavors  to  prevent  and  de- 
left frauds  in  relation  to  the  duties  impofed  by 
the  laws  of  the  United  States  ;  which  oath,  if 
taken  by  a  collector,  may  be  taken  before  any 
magiflrate  authorized  to  adminifter  oaths, 
within  the  diftrict  to  which  he  belongs ;  but  if 
taken  by  another,  mail  be  taken  before  the 
collector  of  his  diftrict,  and  being  certified  un- 
der the  hand  and  feal  of  the  perfon  by  whom 
the  fame  mail  have  been  adminiftered,  fhall, 
within  three  months  thereafter  be  tranfmitted 
to  the  comptroller  of  the  treasury  ;  in  default 
of  taking  which  oath,  the  party  failing  (hall 
forfeit  and  pay  two  hundred  dollars,  to  be  re- 
covered with  coils  of  fuit,  in  any  court  of  com- 
petent jurifdiction,  to  the  ufe  of  the  United 
States. 

Sec.  6.  And  be  it  further  enatfed.  That  the 
feveral  officers  of  the  cuitoms  mall  refpeclive- 
ly  perform  the  duties  following  ;  to  wit  :  At 
fuch  of  the  ports  to  which  there  mail  be  ap- 
pointed a  collector,  naval-officer  and  furveyor, 
the  collector  mall  receive  all  reports,  manifefts 
and  documents,  t©  be  made  or  exhibited  on 
the  entry  of  any  Ihip  or  veffel,  according  t® 


I     »85     1 

the  regulations  of  this  act  ;  fliall  record  in 
books  to  be  kept  for  that  purpofe,  all  fuch 
rnnnifefts ;  fhall  receive  the  entries  of  all  fhips 
and  veflels,  and  of  the  goods,  wares  and  mer- 
chandize  imported  in  them ;  fhall,  together 
with  the  naval-officer,  where  there  is  one,  or 
alone  where  there  is  none,  eftimate  the  amount 
of  the  duties  payable  thereupon,  endorfmg  the 
faid  amount  upon  the  refpective  entries ;  mall 
receive  all  monies  paid  for  duties,  and  take  all 
bonds  for  fecuring  the  payment  thereof;  (hall 
grant  all  permits  for  the  unlading  and  delive- 
ry of  goods ;  fhall  employ  proper  perfons  as 
weighers,  guagers,  meafurers  and  infpeftors  at 
the  feveral  ports  within  his  diftricl ;  and  fhall 
provide  at  the  public  expence,  and  with  the 
approbation  of  the  principal  officer  of  the  trea- 
fury  department,  flore-houfes  for  the  fafe-keep- 
ing  of  goods,  and  fuch  fcales,  weights  and 
mealures  as  may  be  neceflary.  The  naval-of- 
fleers  mail  receive  copies  of  all  manifefls  ;  fhall 
together  with  the  collector,  eftimate  the  duties 
on  all  goods,  wares  and  merchandize  fubject 
to  duty,  keeping  a  feparate  record  thereof; 
and  mall  counterfign  all  permits,  clearances, 
certificates  and  debentures  to  be  granted  by 
the  collector.  The  furveyor  fhall  fuperintend 
and  direcl:  all  infpeclors,  weighers,  meafurers 
and  guagers  within  his  diftrift  ;  fliall  vifit  and 
infpecT:  the  mips  or  vefTels  which  arrive  within 
his  diftrict,  and  mall  have  power  to  put  on 
board  each  of  them  one  or  more  infpeclors  ; 
fhall  afcertain  the  proofs  of  diftilled  fpirits, 
rating  thofe  which  fhall  be  of  the  proof  of 
twenty-four  degrees  as  of  Jamaica  proof;  and 
fhall  examine  whether  the  goods  imported  in 
any  fhip  or  veflel,  and  the  deliveries  thereof, 
are  conformable  to^  the  entries  of  fuch  goods 
VOL.  I,  A  3 


[    l86   3 

and  the  permits  for  landing  the  fame  ;  and  the 
Further  faid  furveyor  fhall  in  all  cafes  be  fubject  to  the 
iuUrreyor  controul  of  the  collector.  And  at  fuch  ports 
and  coilec-  to  which  a  collector  and  furveyor  only  are  af- 
figned, the  faid  collector  mall  folely  execute 
all  the  duties  in  which  the  co-operation  of  the 
naval-officer  is  requifite  at  the  ports  where  a 
naval-officer  fhall  be  appointed,  which  he  fhall 
alfo  do  in  cafe  of  the  difability  or  death  of  the 
naval-officer.  And  at  the  ports  to  which  a 
collector  only  is  affigned,  fuch  collector  fhall 
folely  execute  all  the  duties  in  which  the  co- 
operation of  the  naval- officer  is  requifite  as 
aforefaid  :  and  fhall  alfo,  as  far  as  may  be, 
perform  all  the  duties  prefcribed  to  furveyors 
at  the  ports  where  fuch  officers  are  eftabliihed. 
And  at  ports  to  which  furveyors  only  are  af- 
figned, every  fuch  furveyor  fhall  perform  all 
the  duties  herein  before  enjoined  upon  furvey- 
ors ;  and  fhall  alfo  receive  and  record  the  co- 
pies of  all  manifefls  which  fhall  be  tranfmitted 
to  him  by  the  collector  ;  fhall  record  all  per- 
mits granted  by  fuch  collector,  diftinguifhing 
the  guage,  weight,  meafure  and  quality  of  the 
goods  fpecified  therein ;  and  fhall  take  care 
that  no  goods  be  unladen  or  delivered  from 
any  fhip  or  veffel  without  a  proper  permit  for 
that  purpofe.  And  at  fuch  ports  of  delivery 
only  to  which  no  furveyor  is  affigned,  it  fhall 
Colleger  be  lawful  for  the  collector  of  the  diflrict  occa- 
mayoccafi-  fionally  and  from  time  to  time  to  employ  a 

anally  em-  J          r  r  t        i         i      •  r 

ploy  a  fur- .  proper  perfon  or  perfons  to  do  the  duties  of  a 
reyor.  •  furveyor,  who  fhall  be  entitled  to  the  like  com- 
penfation  with  infpectors,  during  the  time  they 
fhall  be  employed.  And  the  laid  collectors, 
naval-officers  and  furveyors  fhall  refpectively 
attend  in  perfon  at  the  poits  to  which  they  are 
refpectively  aligned  j  and  fhall  keep  fair  and 


.       1*7-  . 

true  accounts  and  records  of  all  their  tranfac- 
tions  as  officers  of  the  cuftorns,  in  fuch  man-  «-rs  and 
ner  and  form  as  may  be  directed  by  the  pro- 
per  department,  or  officer  having  the  fuperin- 
tendance  of  the  collection  of  the  revenue ? of 
the  United  States ;  and  mall  at  all  dines  fub- 
mit  their  books,  papers  and  accounts  to  the 
infpection  of  fuch  peribns  as  may  be  appointed 
for  that  purpofe.  And  the  faid  collectors  mall 

11      •  i  i  r    i  n~  t  c 

at  all  times  pay  to  the  order  of  the  officer  who  to  pay  ni 
mall  be  authorized  to  direct  the  payment  there-  m?ni«s  re- 

r      i  11  r    i  •  1-11  coved,  and 

or,  the  whole  of  the  monies  which  they  may  fettle  their 
refpectively  receive  by  virtue  of  this  act  (fuch  accounts 

•  'i.  T    \          i  •        r»     j-  every  three 

monies  as  they  are  otherwile  by  this  act  dircc-  months. 
ted  to  pay  only  excepted)  ;  and  mail  alfo  once 
in  every  three  months,  or  oftener  if  they  mail 
be  required,  tranfmit  their  accounts  for  fettle- 
ment  to  the  officer  or  officers  whofe  duty  it 
mail  be  to  make  fuch  fettiement. 

Sec.  7.  And  be  it  further  cnattcd^  That  every 
collector,  naval-officer  and  furveyor,  in  cafes 
of  cccafional  and  neceflary  abfence,  or  of  fick-  cers  antl 
nefs,  and  not  otherwife,  may  refpectively  ex-  ,"^7^* 
ercife  and  perform  their  feveral  powers,  func-  i10'^1  tlc* 
tions  and  duties,  by  deputy  duly  conftituted  ^ut|C* 
under  their  hands  and  feals  refpectively,  for 
whom  in  the  execution  of  the  trull  they  ihall 
refpectively  be  anfwerable. 

Sec.  8.  And  be  it  further  enabled y  That  in 
cafe  of  the  difability  or  death  of  a  collector, 
the  duties  and  authorities  veiled  in  him  ihall 
devolve  on  his  deputy,  if  any  there  be  at  the 
time  of  fuch  difability  or  death  (for  whofe  con- 
duct the  eflate  of  fuch  difabled  or  deceafed 
collector  mail  be  liable)  :  And  in  defect  of  a 
deputy,  the  faid  authorities  and  duties  mall 
devolve  upon  the  naval-officer  of  the  fame  dif» 


tric%  if  any  there  be  ;  and  if  there  be  no  na- 
val-officer, upon  the  furveyor  of  the  port  ap- 
pointed for  the  refidence  of  fuch  dilabled  or 
.deceafed  collector,  if  any  there  be  ;  and  if 
none,  upon  the  furveyor  of  the  port  nearer! 
thereto,  and  within  the  fame  diftricl:.  And  in 
-  every  cafe  of  the  death  or '  difability  of  a  fur- 
veyon  '  "  veyor,  it  fhall  be  lawful  for  the  collector  of 
the  diftrict  to  nominate  fome  fit  perfon  to  per- 
form his  duties  and  exercife  his  authorities.. 
And  the  authorities  of  the  perfons  hereby  em- 
powered to  ad:  in  the  ftead  of  thofe  who  may 
be  difabled  or  dead,  mail  continue  until  fuc- 
cefTors  mall  be  duly  appointed,  and  ready  to 
enter  upon  the  execution  of  their  refpedive 
offices. 

"Matters  of       Sec.  9.  An d  be  It  further  ena^lcd^  That  from 

Sltar0m  and  after  the  firfl  day  of  °ft°ber  next,  no 
pom,  to  goods,  wares  or  merchandize  fhall  be  brought 
fcflTof^1"  into  tne  United  States  from  any  foreign  port 
their  cargo,  or  place,  in  any  fhip  or  veflel  belonging  in  the 
whole  or  in  part  to  a  citizen  or  citizens,  inha- 
bitant or  inhabitants  of  the  United  States,  un- 
lefs  the  matter  or  perfon  having  the  charge  or 
command  of  fuch  fhip  or  veflel  fhall  have  on 
board  a  manifeft  or  manifefts  in  writing,  fign- 
ed  by  fuch  rrafter  or  other  perfon,  containing 
the  name  or  names  of  the  port  or  ports,  place 
or  places  where  the  goods  in  fuch  manifeft  or 
manifefts  mentioned,  fhall  have  been  refpec- 
tively  taken  on  board,  and  the  port  or  ports, 
place  cr  places  within  the  United  States  for 
which  the  fame  are  refpectively  configned  or 
deftlned,  and  the  name  and  built  of  fuch  fhip 
or  veflel,  and  the  true  admeafurement  or  ton- 
r.age  thereof  according  to  the  rcgifter  cf  the 
fame,  together  with  the  name  of  the  matter  or 
other  perfcn  having  the  command  cr  charre 


[     i89     ] 

of  fuch  fhip  or  veflfel,  and  the  port  or  place  to 
\vhich  iuch  ihip  or  vcftc!  truly  belongs,  and  n 
iuft  and  particular  account  of  all  the  cargo  ib 
laden  or  taken  on  board,  whether  in  packages 
or  flowed  loofe,  together  with  the  marks  and 
numbers,  in  words  at  length,  of  the  laid  pack- 

i  s  refpeclively,  with  a  defcription  oi  each,  as 
whether  leaguer,  pipe,  butt,  puncheon,  hogf- 
liead,  barrel,  cafe,  bale,  pack,  trufs,  chelt, 
box,  bundle,  or  other  caik  or  package,  defcri- 
bing  the  fame  by  its  ufual  name  or  denomina- 
tion. 

Sec.  10.  And  be  It  further  ettetffed)  That  if  for 
any  goods,  wares  or  merchandize  mail,  alter  |;!'li 
the  iaid  iirft  day  of  October  next,  be  imported  nut 

or  brought  into  the  United  States,  in  any  ihip  dcviil?  r^id 
^  .      '  nuuufeu. 

or  vefiel,  Vv-hatever,  belonging  in  the  whole  or 
in  part  to  a  citizen  cr  citizens,  inhabitant  or 
inhabitants  of  the  United  States,  from  any  fo- 
reign port  or  place,  without  fuch  manik-fl  or 
ini::iifefls  in  writing,  or  ihall  not  be  included 
and  dcferibed  therein,  or  ihall  not  agree  there- 
'with,  in  every  fuch  cafe  the  muMier  or  other 
perfon  having  the  command  or  char  :h 

fhip  or   veilel,  ihall  forfeit   a.  funi  oi  monev 

3  .   •>     Rdtttution 

equal  to  the  value  cr  iuch  goods,  not  inciu-  of  them  if 
d^d  in  iuch  manifeft  or  manifeits  :  PJt'wtdcd  of* 
<ujays,  That  if  it  mail  be  made  appear  to  the 
fatisfaclion  of  the  collector,  naval-oillcer  and 
furveyor,  cr  the  major  part  of  them,  where 
thofe  offices  are  eftabliilied  at  any  port,  or  feo 
the  fatisfaclion  of  the  collector  alone,  where 
either  of  the  other  of  the  laid  ollices  is  no;  cf- 
tablillied.  or  to  the  latisfacticn  of  :it 

in  which  a  trial  (hall  be  had  concerning  iuch 
forfeiture,  that  no  part  of  the  cargo   cf-| 
ihip  or  veiVei  had  been  unlhipped,  aftor  ii.  ^\    '• 
Utkcn   en  Lor.rd.    except 


fh 


t 

been  fpecified  and  accounted  for  in  the  re- 
port of  the  mailer  or  other  perfon  having  the 
charge  or  command  of  fuch  ihip  or  veffel,  and 
that  the  manifeil  or  manifefls  had  been  loft 
or  miilaid,  without  fraud  or  collufion,  or  that 
the  fame  was  or  were  defaced  by  accident,  or 
Incorrect  by  miilake,  in  every  fuch  cafe  the 
forfeiture  aforefaid  mail  not  be  incurred. 

of        Sec.    ii.    And  be  it  further  enabled.   That 
to    every  mailer  or  other  perfon  having  the  charge 

deliver  ma-  ,       £  V;  ir  l   1      1  • 

nifefb  to  or  command  or  any  imp  or  yeflel  belonging 
*vho°fh1CiT  *n  tne  wno^e  or  m  Part  to  a  citizen  or  citizens, 
firft  goaon  inhabitant  or  inhabitants  of  the  United  States, 
board»  laden  with  goods  as  aforefaid,  and  bound  to 
any  port  or  place  in  the  United  States,  (hall 
on  his  arrival  within  four  leagues  of  the  coaft 
thereof,  or  within  any  of  the  bays,  harbors, 
ports,  rivers,  creeks  or  inlets  thereof,  upon 
demand,  produce  fuch  manifeft  or  manifefls 
in  writing,  wrhich  fuch  mafter  or  other  perfon 
is  herein  before  required  to  have  on  board  his 
faid  fhip  or  veifel,  to  fuch  officer  or  officers  of 
the  cuitonis,  as  mall  firil  come  on  board  his 
faid  fhip  or  veifel,  for  his  or  their  infpeftion, 
and  (hall  deliver  to  fuch  officer  or  officers  a 
true  copy  or  copies  thereof  (which  copy  or 
copies  ihail  be  provided  and  fubfcribed  by  the 
faid  mailer  or  other  perfon  having  the  com- 
mand or  charge  of  fuch  iliip  or  vefTel)  ;  and 
that  the  officer  or  officers  to  whom  the  origi- 
nal manifeil  or  manifests  mall  have  been  fo 
produced,  mall  rcfpeclively  certify  upon  the 
back  thereof,  that  the  fame  was  or  were  pro- 
duced, and  the  day  and  year  on  which  the  lame 
was  or  were  fo  produced,  and  that  fuch  copy 
or  copies  as  aforefaid,  was  or  were  to  him  or 
them  delivered,  and  mall  likewife  certify  upon 
the  back  of  fuch  copy  or  copies,  the  clay  and 


year  on  which  the  fame  was  or  were  deliver- 
ed,  and  {hall  forthwith  tranfmit  fuch  copy  or 
copies  to  the  refpeclive  collectors  of  the  feve- 
ral  diftrids,  to  which  the  goods  by  fuch  ma- 
nifefl  or  manifefts  fhall  appear  refpedively  to 
be   configned  ;   and  that  the  faid  mailer  or 
other  peribn  ib  having  the   charge  or  com- 
mand of  any  fuch  (hip  or  veifel,  fhall  in  like 
manner  produce   to   the  officer  or  officers  of 
the  cuftoms   who  fhall  firil  come  on  board 
fuch  (hip  or  veifel  upon  her  arrival  within  the 
limits  of  any  diftrict  of  the  United  States,  in 
which  the  cargo  or  any  part  thereof  is  intend- 
ed to  be  difcharged  or  landed,  for  his  or  their 
inflection,  fuch  manifeft  or  manifefts  as  afore- 
faid,  and  fhall  alfo  deliver  to  him  or  them  a 
true  copy  or  copies  thereof,  (fuch  copy  or  co- 
pies alfo  to  be  provided  and  iubfcribed  by  the 
faid  mailer  or  other  perfon  having  the  charge 
or  command  of  fuch  ihip  or   veilel)  the  .pro- 
duction of  which  faid   manifeft  or  manifefts, 
and  the  delivery  of  which  faid  copy  or  copies 
thereof  fhall  allb  be  certified  by  the  faid  ofli- 
cer  or  officers  of  the  cuftoms  who  fhall   fo 
firft  come  on  board  the  faid  fhip  or  veilel  on 
her  arrival  within  the  limits  of  any  fuch  dif- 
tricl;, upon  the  back  of  the  faid  original  mani- 
feft or  manifefts,  with  the  particular  day  and 
year  when  fuch   manifeft  or  manifefts  was  or 
were  produced  to  fuch  officer  or  officers,  and 
when  he  or  they  fo   received  the  faid  copy 
or  copies  thereof  ;  and  fuch  officer  or  officers 
is  and  are  hereby  required  forthwith  to  tranf- 
mit or  caufe  to  be  tranfmitted,  the  faid  copy 
or  copies  of  the  faid  manifeft  or  manifefts  to 
the  collector  of  that  diftricl;,  and  the  faid  maf- 
ter  or  perfon  having  the  charge  or  command 
©f  the  faid  fhip  or  veflel,  (hall  afterwards  pro- 


E 

duce  and  deliver  the  faid  original  manifetl:  or 
S-   to   the    faid  collector,       Provided 
That  nothing  herein  contained  fhail 
be    conftrued  to   reouire   of  fuch   mailer  or 
other  p-erfon  having  the  charge  or  command 
of  fuch   mip  or  v'eilel,  the  delivery  of  more 
than  one  copy  of  each  manifeil  to  the  officer 
or  officers  alorelaid,  who  mall  fir  ft  come  on 
board  of  fuch  ihip  or  veilel 7  within,  four  leagues 
of  the  coait  of  the  United  States  aforefaid, 
and  a-o-     anc^  ORS  otner  copy  to  fuch  officer  or  officers 
thermam-  as  ihall  firlt  come  on  board,  within  the  limits 

officer  ofC      °f    "^    diflria:   f01"  Wllich    thC    CarS°    °f   fuch 

the  diftri.rt  mip  or  veffel  or  fome  part  thereof  fhall   be 
to  which  he  con(in.ned  or  deflined  ;  or  fhall   be  conftru- 

!•>  bouiui.  .  ; 

ed  to  require  the  delivery  of  any  fuch  co- 
py to  any  other  officer  ;  but  it  fhall  be  fuffi- 
cient  in  refpecl  to  any  luch  other  officer ,  to 
produce  and  mew  to  him  the  faid  origii:,u  ma- 
nifcifc  or  manifeits,  and  the  certificate  or  cer- 
tificates thereupon. 

Pr n-.it'  on  ^ec*  I2'  -And  be  it  further  wafted.  That  if 
ii'egiea  '  the  mailer  or  other  perfon  having  the  charge 
thercoi.  or  command  of  any  fliip  or  veilel  laden  as 
aforefaid,  and  bound  to  any  port  or  place  in 
the  United  States,  mall  not  upon  his  arrival 
within  four  leagues  of  the  coaft  thereof,  or 
within  the  limits  of  any  diftricl:  thereof,  where 
the  cargo  of  fuch  (hip  or  veffel  or  any  part 
thereof  is  intended  to  be  difcharged,  produce 
fuch  manifeft  or  manifests  in  writing,  to  the 
proper  officer  or  officers  upon  demand  thereof, 
and  alfo  deliver  fuch  copy  or  copies  thereof  as 
aforefaid  according  to  the  directions  of  this 
act  in  each  cafe,  or  fhall  not  give  an  account 
of  the  deflination  of  fuch  {hip  or  veffel,  which 
he  is  hereby  required  to  do,  upon  requefl  of 
iuch  officer  or  officers,  or  mall  give  a  fnlfe  ac- 


[     '93     ] 

count  of  the  faid  deftination,  in  order  to  evade 
the  production  of  the  faid  manifeft  or  mam- 
feds,  the  faid  matter  or  other  perfon  having 
the  charge  or  command  of  fuch  (hip  or  veffel, 
mall  forfeit  for  every  fuch  refufal,  neglect  or 
offence,  a  fum  not  exceeding  five  hundred  dol- 
lars. And  if  fuch  officer  or  officers  firft  com-  pcnaity  on 
ing  on  board,  in  each  cafe  within  the  diftance  thc  ot*ccr 
or  limits  aforelaid,  mail  neglect  or  refufe  to 
certify  on  the  back  of  fuch  manifeft  or  mani-  ***& 
fe(h,  the  production  thereof,  and  the  delivery  (e 
of  fuch  copy  or  copies  refpectively,  as  are  here- 
in before  directed  to  be  delivered  to  fuch  of- 
ficer or  officers ;  every  fuch  officer,  fo  neglec- 
ting or  refufing  mail  forfeit  and  pay  the  fum  , 
of  five  hundred  dollars. 

Sec.  13.  And  be  it  further  enafted^  That  if  penalty  for 
after  the  arrival  of  any  (hip  or  veffel  fo  laden  uuladx"fth^ 
with   goods   as  aforefaid,  and  bound   to  the  ou °  auTho- 
United  States,  within  the  limits  of  any  of  the  «ty>aud 
diilricts  of  the  United  States,  or  within  four 
leagues  of  the  coafl  thereof,  any  part  of  the 
cargo  of  fuch  (hip  or  ^veffel  mail  be  unladen 
for  any  purpofe  whatever,  from  out  of  fuch 
fhip  or  veifel  as  aforefaid,  within  the  limits  or 
diftance  aforefaid,  before  fuch  fhip  or  veffel 
mall  come  to  the  proper  place  for  the  difcharge 
of  her  cargo  or  fome  part  thereof,  and  (hall  be 
there  duly  authorized  by  the  proper  officer  or 
officers  of  the  cufloms,  to  unlade  the  fame, 
the  mailer  or  other  perfon  having  the  charge 
or  command  of  fuch  fhip  or  veffel,  and  the 
mate  or  other  perfon  next  in  command,  mall 
refpectively  forfeit  and  pa*y  the  furn  of  one  forfeiture 
thoufand  dollars ;  and  the  goods,  wares  and  thereuf; 
merchandize  fo  unladen  and  unfhipped,  mail 
be  forfeited  and  loft,  except  in  the  cafe  of  fome 
unavoidable  accident,  neceffity  or   diftrefs  of 

VOL,  I,  B  2 


[     194     ] 

except  m  weather  ;  of  which  unavoidable  accident,  ne- 
cafcs  of  ac-  ceflity  or  diftrefs,  the  mailer  or  other  perfon 
ciiare!s?r  having  the  charge  or  command  of  fuch  fhip 
or  veffel,  fliall  give  notice  to,  and  together 
with  two  or  more  of  the  mariners  on  board 
fuch  fhip  or  veflel,  mail  make  proof  upon  oath 
before  the  collector  or  other  chief  officer  of 
the  cuftoms  of  the  diftricl:,  within  the  limits  of 
which  fuch  accident,  neceflity  or  diftrefs  mail 
happen,  or  before  the  collector  or  other  chief 
officer  of  the  firft  diftricl:  of  the  United  States 
within  the  limits  of  which  fuch  fhip  or  vefiel 
ihall  afterwards  arrive,  if  the  faid  accident,  ne- 
ceffity  or  diftrefs  mall  have  happened  not  with- 
in the  limits  of  any  diftricl:,  but  within  four 
leagues  of  the  coaft  of  the  United  States,  (which 
oath  the  faid  collector  or  other  chief  officer  is 
hereby  authorized  and  required  to  adminifter.) 

of      Sec.  14.  And  be  it  further  enafted^  That  if 
-    any  goods,  wares  or  merchandize  fo  unladen 
goodsfex-  from  on  board  of  any  fuch  fhip  or  veffel,  mall 
ceptinfuch  be  put  or  received  into  any  other  fhip,  veflel  or 

cafes,tofor-  .  ,  r         r  r      i  •  i 

feit  treble  boat,  except  in  the  caie  or  Inch  accident,  ne- 
$         lt:y  or  diftrefs  as  aforefaid,  to  be  notified 
$<  and  proved  as   aforefaid,   the  faid  mafter  or 
other  perfon  having  the  charge  or  command 
of  the  fhip,  veflel  or  boat  into  which  the  faid 
goods  fhall  be  fo  put  and  received,  and  every 
other  perfon  aiding  and  affifting  therein,  fhall 
forfeit  treble  the  value  of  the  faid  goods  ;  and 
the  faid  fliip,  boat  or  veflel  fhall  alfo  be  for- 
feited and  loft. 

Matters  of       Sec.  15.    And  be  It  further  enafted,  That  if 
anv  fl^p  or  veffe}  wntch  mail  have  arrived  with- 


mcur  ape-  .        .  r  ..._  r    .      TT    .       ,  ~ 

naity  for  m  the  limits  or  any  diftnct  of  the  United  States 
In^'d^ftriS  ^rom  any  foreign  port  or  place,  fhall  depart 
after  arriv.  or  attempt  to  depart  from  the  fame,  unlefs,  to 


C     J95     ] 

proceed  on  her  way  to  fome  more  interior  '"g' if 

i   •    i        n  11  IIP  do  not  en~ 

diftncl:  to  which   me  may  be  bound,   before  ter,  except 
report  or  entry  fliall  have  been  made  by  the  l?.nca>ff*  of 

J  .         .        J  diitrei* ; 

mafter  or  other  perfon  having  the  charge  or 
command  of  fuch  fhip  or  veflel,  with  the  col- 
leftor  of  fome  diftrid  of  the  United  States, 
the  faid  mafter  or  other  perfon  having  fuch 
charge  or  command  fliall  forfeit  and  pay  the 
fum  of  four  hundred  dollars.  And  it  fhall  be 
lawful  for  any  collector,  naval-officer,  furvey- 
or,  or  commander  of  any  of  the  cutters  here- 
in after  mentioned,  to  arreft  and  bring  back, 
or  caufe  to  be  arrefted  and  brought  back,  fuch 
fhip  or  veflel,  to  fuch  port  of  the  United  States 
to  which  it  may  be  moft  conveniently  done. 
Provided,  That  if  it  fliall  be  made  to  appear  by 
the  oath  of  the  faid  mafter  or  other  perfon  hav- 
ing the  charge  or  command  of  fuch  fhip  or 
veifel,  and  of  the  perfon  next  in  command,  or 
other  fufficient  proof  to  the  fatisfa&ion  of  the 
collector  of  the  diftrict  within  which  fuch  fhip 
or  veflel  fliall  afterwards  come,  or  to  the  fatif- 
faclion  of  the  court  in  which  the  profecution 
for  fuch  penalty  may  be  had,  that  the  faid  de- 
parture, or  attempt  to  depart,  was  occafioned 
by  diftrefs  of  weather,  purfuit  or  durefs  of 
enemies,  or  other  neceffity,  the  faid  penalty 
fliall  not  be  incurred. 

Sec.  1 6.  And  be  it  further  enafted,  That  Tomakean 
within  twenty-four  hours  after  the  arrival  of 
any  fhip  or  veflel  from  any  port  or  place,  at 
any  port  of  the  United  States  eftablifhed  by 
law,  at  which  an  officer  of  the  cuftoms  refides, 
or  within  any  harbor,  inlet  or  creek  thereof, 
if  the  hours  of  bufmefs  at  the  office  of  the 
chief  officer  of  the  cuftoms  at  fuch  port  will 
permit,  or  as  foon  thereafter  as  the  faid  hours 
will  permit,  the  mafter  or  other  perfon  having 


C    196    ] 

the  charge  or  command  of  fuch  fhip  or  veflel, 

fhall  repair  to  the  faid  office,  and  mail  make 

report  to  the  faid  chief  officer  of  the  arrival  of 

and  a  re-    the  faid  (hip  or  veflel  :  and  within  for ty-ei flit 

port  of  his     i  r  r       i  •        i  IT  r        « 

cargo  with-  hours  after  Inch  arrival,  £hail  make  a  farther 
In  48 hours;  report[tothe  colleftorof  the faiddiftridin which 
fuch  port  may  be,  of  the  name,  burthen  and 
lading  of  fuch  ihip  or  veflel,  whether  in  pack- 
ages or  flowed  loofe,  and  of  the  particular 
marks,  numbers  and  contents  of  each  package, 
and  the  place  or  places,  peribn  or  peribns  to 
or  for  which  or  whom  they  are  refpedively 
configned  or  deftined,  alfo  of  the  place  or 
places  where  fhe  took  in  her  lading,  of  what 
country  built,  from  what  foreign  port  or  place 
ihe  laft  failed,  who  was  mafter  or  commander 
of  her  during  the  voyage,  who  is  at  the  time 
of  fuch  report  mafter  or  commander  of  her, 
and  (if  a  veflel  of  the  United  States)  who  are 
owners  of  her ;  unlefs  the  whole  of  fuch  in- 
formation required  on  the  fecond  report  as 
aforefaid,  fhall  have  been  given  at  the  time 
of  making  the  firft  report,  in  which  cafe  it 
ihall  not  be  necefTary  to  make  a  further  re- 
port. And  in  the  cafes  in  which  the  mafter 
or  perfon  having  the  charge  or  command  of 
any  fhip  or  veflel  herein  before  required  to 
have  on  board  at  the  time  of  her  departure 
from  fuch  foreign  port  or  place  for  the  Uni- 
ted States,  a  manifeft  or  manifefts  of  the  lad- 
ing of  fuch  ihip  or  veflel,  or  of  any  part  there- 
of, the  faid  mafter  or  perfon  having  the  faid 
charge  or  command,  fhall,  at  the  time  of  mak- 
ana  Deliver  ing  the  faid  report,  deliver  the  faid  manifeft 
fherec-J1  \o  or  manifefts  to  the  collector  to  whom  the  faid 
the  coiicc-  report  fhall  be  made,  and  fhall  declare  to  the 
truth  of  fuch  manifeft  or  manifefts,  as  the  fame 
ought  to  be,  in  conformity  to  the  directions 


C 

of  this  aft.  And  the  faid  matter  or  perfon  hav-      ( 
ing  the  charge  or  command  of  any  fuch  (hip  oab  of 
or  vcflcl,   fcall  in   each   cafe  declare  that  no 
part  of  her  lading,  fmce  her  departure  from 
the  faid  foreign  port  or  place  from  which  me 
ihall  be  fo  reported  to  have  lait  failed,  has  been 
landed  cr  unladed,  or  otherwife  removed  from  }vil<;rc  .hc 

i        n      11     i  r  loaded. 

on  board  01  her,  except  as  he  ihall  then  ipe- 
city,  together  with  the  caufc,  time,  place  and 
manner  ;  and  ihall  further  declare,  that  in 
cafe  he  ihall  afterwards'  difcover  or  know  of 
any  goods,  wares  or  merchandize,  other  than 
thofe  by  him  then  reported,  he  will  forthwith 
thereafter  make  report  thereof  to  the  laid  col-  . 
lector  :  which  report  and  declarations  refpec- 
tively  ihall  be  in  writing,  figned  by  the  party 
making  the  fame,  and  ihall  be  attefted  by  his 
oath,  to  the  bed  of  his  knowledge  and  belief  ; 
and  the  faid  collector  is  hereby  authorized  and 
required  to  admimfter  the  fame.  .And  if  the 
faid  mailer  or  perfon  having  the  charge  or 
command  of  any  fuch  ihip  or  velTel  iball  ne- 
gleet  or  omit  to  make  the  faid  reports,  or  ei- 
ther of  them,  and  declaration  or  declarations, 
or  to  deliver  the  faid  manifefl  or  manifefts,  or 
to  take  the  faid  oath,  as  the  cafe  may  require, 
he  ihall  for  every  fuch  offence  forfeit  and  pay 
the  fum  of  one  thoufand  dollars. 


Sec.  17.  Provided  always  ,  and  be  it  further 
wafted.  That  it  ihall  not  be  necelfary  for  the 
mafter  or  perfon  having  the  charge  or  com-  or  'packets 
mand  of  any  ihip  or  veflel  of  war,  or  of  any  ^"n 
ihip  or  veflel  employed  by  any  prince  or  (late,  entry, 
as  a  public  packet  for  the  conveyance  of  let- 
ters and  difpatches,  and  not  permitted  by  the 
laws  of  fuch  prince  or  ilate  to  be  employed  in 
the  tranfportation  of  goods,  wares  or  merchan- 


t    198    3 

dize  in  the  way  of  trade,  to  make  fuch  report 
and  entry  as  aforefaid. 

Scc>  l8'  And  be  lt  further  enatfed,  That  it 
arriving  &  fhall  be  lawful  for  the  faid  fhip  or  veflel   to 
1  °o-    Proceed  with  any  goods,  wares  or  merchan- 
to°a     dize  brought  in  her,  which  (hall  be  reported 
ky  the  faid  matter  or  other  perfon  having  the 
charge  or  command  of  the  laid  fhip  or  .veflel, 
to  be  deftined  for  any  foreign  port  or  place 
from  the  diftrict  within  which  fuch  fhip  or  vef- 
fel  mail  firft  arrive,  to  fuch  foreign  port  or 
place,  without  paying  or  fecuring  the  payment 
of  any   duties  upon  fuch  of  the  faid  goods, 
wares  or  merchandize,  as  (hall  be  actually  re- 
exported  in  the  faid  fhip  or  veflel  accordingly ; 
any  thing   herein  contained  to  the  contrary 
After  giv-    notwithstanding.    Provided  always,  That  the 
thitbhfsd     faid  mafter  or   perfon  having  the  charge  or 
cargo  (hail  command  of  the  faid  fhip  or   veflel  mall  firft 
ded'in  the  giye  bond  with  one  or  more  fureties,  in  afum 
united       equal  to  the  amount  of  the  duties  upon  the 
ouffTriUa"  faid  goods,  wares  and  merchandize,  as  the  fame 
tercd.         {hall  be  eftimated  by  the  collector  to  whom  the 
faid  report  fhall  be  made,  to  the  fatisfaction 
of  the  laid  collector,  with  condition  that  the 
faid  goods,  wares  or  merchandize,  or  any  part 
thereof,  fhall  not  be  landed  within  the  United 
States,  unlefs  due  entry  thereof  fhall  have  been 
firft  made,  and  the  duties  thereupon  paid  or 
fccured  according  to   law^,  which  bond  fhall 
be  cancelled  in  like  manner  as  bonds  herein 
after  directed  to  be  given  for  obtaining  draw- 
Bond  not  to  backs   of  duties.    Provided  nevertheless.  That 
lehe^ef'd  fuch  bond  mal1  n°t  be  required  in  refpeft  to 
feu  put  in  the  goods  on  board  of  any  fhip  or  veflel  which 
fhall  have  put  into  the  United  States  from  ne- 
ceflity,  to  be  made  appear  in  manner  herein 
after  prefcribed. 


3 

Sec.   19.  And  bs  it  further  enafted^  That  Duties  to^ 
it  (hall  be  lawful  for  any  fhip  or  veffel  in  which  Paid  only 

1         j'          fL    11    i        In  *uc«  dif- 

any    goods,  wares   or  merchandize  mall  be  triaswhcre 
brought  into  the  United  States  from  any  fo-  s°ods  alc 

,       .  r      i_     r  landed. 

reign  port  or  place,  to  proceed  with  the  lame 
from  diftrict  to  diftrict  within  the  United  States, 
in  order  to  the  landing  or  delivery  thereof; 
and  the  duties  on  fuch  of  the  faid  goods  only 
as  mall  be  landed  in  any  diftrict,  mail  be  paid 
or  fecured  to  be  paid  within  fuch  diftrict. 

Sec.  20.  And  be  it  further  enaded^  That  be- 
fore  any  (hip  or  veffel  (hall  depart  from  the 
diftrict  in  which  (he  mall  firft  arrive,  for  ano-  <»f  a 
ther  diftrict,  with  goods,  wares  or  merehan- 
dize  brought  in  fuch  fhip  or  veffel  from  a  fo-  tria  with 
reign  port  or  place,  the  duties  whereof  mall  ti»°repoft; 
not  have  been  paid  or  fecured,  the  mafter  or 
perfon  having  the  charge  or  command  of  fuch 
fhip  or  veffel,  mail  obtain  from  the  collector  of 
the  diflricl:  from  which  me  mall  be  about  to 
depart  (who  is  hereby  required  to  grant  the 
fame)  a  copy  of  the  report  made  by  fuch  maf- 
ter or  perfon  having  the  charge  or  command 
of  fuch  fhip  or  veffel,  certified  by  the  faid  col- 
lector, together  with  a  certificate  of  the  quan- 
tity and  particulars  of  the  goods  which  mail 
appear  to  him  to  have  been  landed  within  his 
diftrict.  And  within  twenty-four  hours  after  which  he  is 
the  arrival  of  fuch  fhip  or  veffel  within  any 
other  diftrict,  the  faid  mafter  or  perfon  having 
the  charge  or  command  of  fuch  fhip  or  veffel 
mall  make  report  or  entry  to  or  with  the  col-  hi*  arrival; 
lector  of  fuch  other  diftrict,  producing  and 
mewing  the  faid  certified  copy  of  his  faid  firft 
report,  together  with  a  certificate  from  each 
collector  of  any  other  diftrict  within  which  any 
of  the  goods,  wares  or  merchandize  brought 
in  fuch  fhip  or  veffel  fhall  have  been  before 


[       200       3 

landed,  of  the  quantity  and  particulars  of  lucH 
of  the  faid  goods,  wares  and  merchandize  as 
frail  have  been  fo  landed  in  each  diftricl  ref- 
peclively  ;    except  in  the   (late  of  Georgia, 
where  fuch  report  (hall  be  made  within  forty- 
eight  hours  :  Provided  always,  That  the  maf- 
andtogivc  ter  or  perfon  having  the  charge  or  command 
bond- that    Of  the  faid  {hip  or  vefiel  ill  all  fir  ft  give  bond 

the  reiidue        .  ,  ~  .        r     .  °r    ~  .  ,, 

of  his  goods  with  one  or  more  lureties  to  the  fatisraclion  of 
fe'-ed^dT  ^  co^e<^or  °^  tne  diftricl  within  which  the 
ifvercdTin  faid  fhip  or  veffel  (hall  firft  arrive,  in  a  fum 
inch  dif-  equal  to  the  amount  of  the  duties  on  therefi- 

tricitsasre-     ,  *          r     i        r  •  i  T  n  • 

ported  to  due  or  the  laid  goods,  according  to  fuch  efti- 
be^dcfiiacd  mate  as  the  faid  colledor  iliall  form  thereof, 
with  condition  that  the  faid  reiidue  of  the  laid 
goods  fhall  be  duly  entered  and  delivered  in 
fuch  other  diftricl  or  diftricls  of  the  United 
States,  for  which  the  fame  mall  have  been  re- 
ported to  be  deflined.  And  the  faid  bond  mall 
be  cancelled  or  difcharged  by  the  production 
of  a  certificate  or  certificates  from  the  colleclor 
or  collectors  of  the  diftricl  or  diftricls  for  which 
the  faid  goods  mail  have  been  reported,  tefti- 
fying  the  due  entry  and  delivery  of  the  faid 
goods  in  fuch  diftricl  or  diftricls,  or  upon  due 
proof  to  the  fatisfaclion  of  the  colleclor  by 
tvhom  the  faid  bond  fhall  have  been  taken, 
that  fuch  entry  and  delivery  were  prevented 
by  fome  unavoidable  accident  or  cafualty,  and 
that  if  the  whole  or  any  part  of  the  faid  goods 
ihall  not  have  been  loft,  that  the  fame  has 
been  duly  entered  and  delivered  within  the 
Penalty  on  United  States.  And  if  the  mafter  or  perfon 
having  charge  or  command  of  any  fuch  fhip 
or  veifel,  fhall  fail  by  his  neglecl  or  fault  to- 
obtain  the  faid  copy  of  his  faid  report  from 
the  colleclor  of  the  diftricl  from  which  he  fhall 
be  fo  about  to  depart,  or  of  any  certificate 


t 

^hich  he  ought  to  obtain  as  aforefaid,  or  wall 
neglect  to  produce  and  (hew  the  fame  to  the 
collector  of  n.ny  other  difirift  to  which  the 
laid  fhip  or  rerTel  mall  afterwards  proceed, 
•within  the  time  for  that  purpofe  herein  before 
fpecified,  he  fhall  forfeit  and  pay  for  every 
fuch  neglect  or  omiffion  five  hundred  dollars. 
Sec.  21.  And  be  it  further  emitted^  That  the 

r   coringnee 

owner  or  owners,  conhgnce  or  consignees  or  t0nvlccn- 
any  goods,  wares  or  merchandize  on  board  try <.r goods 
of  any  fuch  (hip  or  vefTel,  or  in  cafe  of  his,  her 
or  their  abfence  or  ficknefs,  his,  her  or  their 
known  faclor  or  agent,  in  his,  her  or  their 
names,  within  fifteen  days  after  report  of  the 
mailer  or  perfon  having  the  charge  or  com- 
mand of  fuch  (hip  or  veilel  to  the  collector  of 
the  diftrict  for  which  fuch  goods,  wares  or 
merchandize  lhall  be  deftined,  fhall  make  en- 
try thereof  with  the  faid  collector,  and  fhall 
fpecify  in  fuch  entry  the  particular  marks, 
numbers  and  contents  of  each  package  or  par- 
cel whereof  they  fhall  confift,  or  if  in  bulk,  the 
quantity  and  quality,  together  with  the  nett 
prime  colt  thereof;  and  fhall  alfo  produce  to 
the  faid  collector,  if  any  fuch  there  be,  the  ori- 
ginal invoice  or  invoices,  or  other  documents 
in  lieu  thereof,  and  bill  or  bills  of  lading  ;  ail 
which  fhall  be  done  upon  the  oath  of  the  per- 
fon by  whom  fuch  entry  mail  be  made,  accor- 
ding  to  the  befl  of  his  or  her  knowledge  and 
belief  ;  who  fhall  thereby  alfo  declare  that  if 
Be*  or  ihe  mall  afterwards  difcover  or  know  of 
any  other  goods,  wares  or  merchandize  im- 
ported in  fuch  {hip  or  veiTel,  belonging  or  con- 
figncd  to  the  perfon  or  perfons  by  whom  or 
on  whofe  behalf  fuch  entry  fhall  have  been 
made>  he  or  fhe  will  forthwith  make  known 
the  fame,  in  order  to  the  due  entry  thereof, 
VOL.  I.  C  2- 


2     J 

and  the  payment  or  fecuring  the  payment  of  the 
duties  thereupon  :  Provided  always,  That: 
where  the  particulars  of  any  fuch  goods,  wares 
or  merchandize  fhall  be  unknown,  in  lieu  of 
the  entry  herein  before  direcled  to  be  made> 
an  entry  thereof  lhall  be  made  and  received 
according  to  the  circumltances  of  the  cafe, 
the  party  making  the  fame,  declaring  upon 
oath  all  that  he  or  me  knows  or  believes  con- 
cerning the  quantity  and  particulars  of  the 
faid  goods,  and  that  he  or  ihe  has  no  other 
knowledge  or  information  concerning  the 
fame  ;  which  entry,  as  well  the  firft  as  the  laft, 
lhall  be  made  in  writing,  and  fhall  be  fubfcri- 
becf  by  the  party  making  the  fame. 

And  in  order  to  afcertain  what  articles  ought 
to  be  exempted  from  duty,  as  the  fea  (lores  of 
a  fhip  or  velfel, 

Sea  ftores         ^ec>  22'  ^  it  further  enaficd,  That  the  maf- 
exenpt  •    tcr  or  perfon  having  the  charge  or  command 

fcoiiiduty.    Qr  fuch  ^  Qr  yeffe^  fl^j  particulariy  fpecify 

the  faid  articles  in  the  report  to  be  by  him 
made  as  aforefaid,  designating  them  as  the  fea 
(lores  of  the  faid  fhip  or  vefiel  ;  and  in  the 
faid  oath  to  be  taken  by  fuch  rnafler  or  other 
perfon,  he  mail  declare  that  the  articles  fa 
fpecified  as  fea  Mores  are  truly  fuch,  and  were 
bona  fide  put  on  beard  the  faid  ihip  or  vefTei 
for  the  ufe  of  the  officers,  crew  and  paffengers 
thereof,  and  were  not  brought  and  are  not  in- 
tended by  way  of  merchandize  or  for  fale ; 
whereupon  the  3raid  articles  mall  be  free  from 
duty  :  Provided  always,  That  if  it  lhall  appear 
to  the  collector  to  whom  fuch  report  lhall-  be 
ma<^e>  together  with  the  naval-officer,  where 
and  duties  there  is  one,  or  alone  where  there  is  none,  that 
tne  quantities  of  the  faid  articles  fo  reported  as 
fea  flores  are  exceffive?  it  lhall  be  lawful  for 


the  faid  collector  jointly  with  the  faid  naval- 
officer,  or  alone  as  the  cafe  may  be,  in  his  or 
th'j:r  discretion,  to  eitimate  the  amount  of  the 
d'i  \  on  fuch  excefs ;  which  fhall  be  forthwith 

i  by  the  faid  mailer  or  perfon  having  i 
command  or  charge  of  the  faid  (hip  or  veifel 
to  the  faid  collector,  on  pain  of  forfeiting  the 
value  of  fuch  excefs.  And  if  any  of  the  faid  ar-  pc,r,!ty  fo 
tides  mail  be  landed  for  the  purpofe  of  being  i-;;i:4& 
(bid,   ur  to  be  otherwife  ufed  than  as  i 
(lores  of  the  (hip  or  veiTel  in  \vhich  they  were 
brought,  all  fuch  as  {hall  be  fo  landed  mail  be 
t.  reited,  and  the  mailer  or  commander  of 
fuch   iliip  or  veffel  being  privy  thereto,  (hall 
moreover  forfeit  and  pay  treble  the  value  of 
the  articles  ib  landed. 

And  alfo  to  afcertain  what  articles  ought 
to  be  exempted   from  duty,   as   the  cloaii 
books,    houfhold   furniture,   tools   or  imple- 
ments of  the  trade  or  profefiion  of  perfous  ar- 
riving \vithin  the  United  States  : 

Sec.    23.  Be  it  further  enacted,  That  due 
entry  thereof,  as  of  other  p'oods,  wares  and  <]ther  artl 

J  i  !•  i  f  °       i      -'n-       n      r  ClCSeXCmp 

merchandize,   but  feparate  ana  dnuncc  from  fVo.n  duty 
that  of  any  other  goods,  wares  or  merch..  ^;: 

clize   imported  from  a  foreign  port  or  piace,.  iy  upon 
fhall  be  made  with  the  collector  of  the  diltrift  ^ 
in  which  the  faid  articles  are  intended  to  be 
landed  by  the  owner  thereof,  his  or  her  n^ent, 
who  (hall  make  oath  before  the  faid  collector, 
according  to  the  bed  of  his  or  her  knowlet1' 
or  belief,  touching  the  perfon  to  whom  the  laid 
articles  (hall  belong,  and  his  calling  or  occu- 
pation, the  arrival  or  expected  arrival  of  i ' 
laid  peribn  within  the  United  States,  and  tlai: 
the  faid  articles  are  truly  intended  for  the  ule 
of  the  faid  owner  folciy^or  jointly  with  bis  or 


her  family,  as  the  cafs  may  be,  and  are  not  di- 
rectly nor  indirectly  imported  or  intended  for 
fale  ;  which  oath  fhall  be  in  writing,  endorfed 
upon  the  laid  entry,  and  fubfcribed  by  the  par- 
andifi>y     ty   making  the  fame.     And  in  cafe  the  laid 
Ty  *thkcr'f  PartY  mali  be  other  than  the  owner  of  the  faid 

the  oath  oi  f         /  ,,      . 

the  ov.  IK-  articles,  he  or  me  inall  give  bend  with  one  or 
to  ix :  pro-  more  fureties  to  the  fatisf  action  of  the  faid  col- 

duccdwith-  .  1111 

in  one)  tar,  lector,  in  a  mm  equal  to  what  would  be  the 
amount  of  the  duties  on  the  faid  articles  if  im- 
ported fubject  to  duty,  with  condition  that  in 
a  certain  time  therein  to  be  fpecified,  not  ex- 
ceeding one  year,  a  like  oath  as  above  directed 
fhali  be  made  by  the  faid  owner,  and  if  not 
made  before  the  laid  collector,  mall  be  produ- 
ced to  him  duly  authenticated  ;  whereupon  a. 
permit  mall  and  may  be  granted  for  landing 

and  trr.nf-   the  faid  articles.  And  a  copy  of  every  fuch  en- 

"hel  er"'111  tJT>  and  cf tile  c?"^  ZK&rfed  thereupon,  mall 
tifccrcury  be  tranfmittcd  to  the  Secretary  of  the  Tredury 
of  treafury.  for  ^  information. 

And  whereas  by  the  letter  of  the  act,  inti- 
tuled, "  An  act  for  laying  a  duty  on  goods, 
y/ares  and  merchandizes  imported  into  the 
United  States,"  articles  of  the  growth  or  ma- 
nufacture of  the  United  States,  exported  to 
foreign  countries,  and  brought  back  to  the 
United  States,  are  fubject  to  duty  on  their  im- 
portation into  the  faid  ftates  5  and  whereas  it 
was  not  the  intention  of  Congrefs  that  they 
ihould  be  fo  fubject  to  duty  : 

fn^artkicl  Sec>  24'  B*  lt  ^rGfire  further  cnafted,  That 
of  the  in  every  cafe  in  which  a  duty  may  have  been 
heretofore  paid  on  goods,  wares  or  merchan- 
of  the  dizes  of  the  growth  or  manufacture  of  the 
United  States,  exported  to  a  foreign  country, 
and  brought  back  to  the  faid  ftates,  the  amount 


C    2°5   3 

thereof  (hall  be  repaid  to  the  perfon  or  perfons  '»™'t  b^k» 
by  whom  the  fame  mail  have  been  paid,  or  to  ^  * 
his,  her,  or  their  representatives  ;  and  that  in 
every  cafe  in  which  fuch  duty  may  have  ac- 
c<  ,;cd,  but  may  not  have  been  paid,  the  fame 

emitted,  and  that  no  fuch  duty  mail  here- 
after be  demanded  :  Provided,  That  the  regu- 
lations herein  after  prefcribed  for  afcertaining 
the  identity  of  fuch  goods,  wares  or  merchan- 
dize, be  cbferved  and  complied  with,  and  that 
as  well  in  refpect  to  thofe  heretofore  imported, 
as  far  as  may  be  practicable,  as  to  thofe  here- 
after to  be  i:npu; 

And  .ilio  to  afc  in  the  identity  of  articles 
cf  the  growth,  product  or  manufacture  of  the 
United  States,  which  having  been  exported  to 
any  foreign  port  or  pkce,  fhail  be  brought 
back  to  the  kid  itates  : 

Sec.  25.    Be  it  further  enabled  ,  That  report  .a(1  fo  .^. 
and  entry  thereof  (hall  be  made  ac  in  other  en-  * 
fes  of  goods,  /wares  and  merchandize  imported  \\^ 
from  a  foreign  port  or  place,   and   proof  by 
oath  of  the  perfon  or  perfons   having  kn 
ledge  of  the  fact:,,  lhali  be  made  to  the  fn  i>  »? 

faftion  of  the  colleaor  of  the  diflrict,  v, 
whom  fuch  entry  frnll  be  jointly  with  the  i;a- 
vai  officer,  if  there  be  a  naval  oilicer,  or  alone 
if  there  be  no  naval-  officer,  that  the  faid  arti- 
cles had  been  exported  from  the  United  States, 
as  of  their  growth,  product  or  manufacture, 
and  of  the  time  when,  by  whom,  in  what  {hip 
or  veffel,  and  for  what  port  or  place  they  wen? 
fo  exported  ;  and  if  theHd  collector  ihall  be 
other  than  the  collector  of  the  diflrict  from 
which  the  faid  articles  {hull  have  been  expor- 
ted, a  certificate  of  the  latter  fhaii  be  produced 
to  the  former,  teftifying  the  exportation  there- 
of in  conformity  to  the  proof  aforefaid  :  where* 


[       20.6       ] 

upon  a  permit  ihall  and  may  be  granted  for 
landing  the  fame  :  Provided,  That  if  the  faid 
certificate  cannot  be  immediately  produced, 
and  if  the  proof  otherwife  required  {hall  be 
made,  and  if  bond  {hall  be  given,  with'  one  or 
more  fureties  to  the  fatisfaclion  of  the  collec- 
tor of  the  diHricl  within  which  the  faid  articles 
are  intended  to  be  landed,  in  a  fum  equal  to 
what  the  duties  would  be  on  the  faid  articles, 
if  the  v  were  not  of  the  growth,  product  or  ma- 
nufacture of  the  United  States  ;  with  condi- 
tion that  the  faid  certificate  fhall  be  produced 
within  the  term  of  four  months,  it  {hall  be 
lawful  for  the  faid  collector  to  grant  a  permit 
for  the  landing  of  the  laid  articles,  in  like  man- 
ner as  if  the  faid  certificate  had  been  produced. 

oaths  to.be       Sec.  26.  And  be  it  further  entitled,  That  the 
adminifter-  Oatjls  to  ^e  tafcen  upon  making  of  any  of  the 

cd  on  en-  .          '  &I_T_I          i 

ries  by  of-  reports  or  entries  atorefaid,  whether  by  the 
of      mailer   or  other  perfon  having  the  char  ere  or 

.      r          rn  .  —O  .         tj 

command  or  any  imp  or  veffel,  or  the  owner 
or  coniignee  of  any  goods,  wares  or  merchan- 
dize, his  or  her  factor  or  a^ent,  fhall  be  admi- 

*  O  * 

niilered  by  the  collector  or  officer  to  whom  re- 
port or  entry  ihall  be  made,  and  where  there 
fhall  be  a  naval  officer,  in  the  prefence  of  fuch 
naval-officer,  who  fhali  attend  for  that  pur- 
pcfe,  and  fhall  be  reduced  to  writing,  and  {hall 
be  fubfcribed  by  the  perfon  adminiitering  the 
jy  the  faid  naval-officer,  if  any  ihall 
ui  the  fiiid  collector,  jointly  with 
the  uild  iiaval-OiHcer,  \vhcre  there  is  a  naval- 
oiLcer,  or  nloi:e  where  there  is  none,  fhall  ac- 
cr.ramg  to  the  beft  of  hi::  or  their  judgment  oy 
iriioi  mation,  make  a  grofs  climate  of  th^ 
amount  of  the  duties  on  the  goods,  \vi\res  or 
merchan'dize  to  \vhich  the  entry  of  any  owner 
•Ji  coiifun:ee,  his  cr  her  factor  or  atrait  iliali 


t 
i 

customs, 


be  preient 


[     207     ] 

relate,  which  eftimate  (hall  be  endoffed  upon 
fuch  eiiiry,  and  figned  by  the  officer  or  officers 
making  the  lame.  And  the  amount  of  the  faid 
duties  according  to  the  faid  eftimate,  havi; 
been  firil  paid  or  fecured,  purfuant  to  the  pio- 
vi(h  •  :is  net,  the  faki  collector  fliali  grant 

a  permit  to  kind  the  goods,  wares  or  merchan- 
dize, whereof  fuch  entry  fhall  have  been  made, 
and  then  and  not  otherwife  it  mall  be  lawful 
to  land  the  faid  goods. 

Sec.  27.  And  be  it  farther  enafted,  That  no  Pcn,!t  /OP 
goods,  wares  or  merchandize  brought  in  any  imi 
mip  or  veffel  from  any  foreign  port  or  place,  ; 
fliali  be  unladen  or  delivered  from  fuch  mip  cUv  and 
or  veffel,  within  the  United  States,  but  in  open  ^  a  l'€r 
day ;  that  is  to  fay ;  between  the  rifing  and 
fetting  of  the  fun,  except  by  fpeciai  licence 
from  the  chief  officer  of  the  port  for  that  pur- 
pole,  nor  at  any  time  without  a  permit  from 
the  collector  for  fuch   unlading  or  deliver.  : 
and  if  any  goods,  wares  or  merchandize  {hall 
be  unladen   or  delivered  from   any  fuch  ihip 
or  veffel,   contrary  to  the  direction  aforefaid, 
or  any  of  them,  the  mailer  or  peribn  hav- 
the  command  or  charge  of  fuch  ihip  or  veffel, 
and  every  other  per  foil  who  ihall  knowingly 
be  concerned  or  aiding  therein,  or  in  remov- 
ing,  floring,  or  otherwife  fecuring  the  faid 
goods,  wares  or  merchandize,  ihall  forfeit  and. 
pay  the  fum  of  four  hundred  dollars  for  each 
offence ;  and  fhall  be  difabled  from  holding 
an    orTic-3  of  truft  or  profit  under  the  United 
States,  for  a  term  not  exceeding  fevcn  years  ; 
It  fliali  be  the  duty  of  the  collector  of  the 
dutriit,  to  advertife  the  names  of  all  fuch  per- 
fons  in  a  ncwfpaper,  printed  in   the  itate  in 
•which  he  refides,  within  twenty  days  after  each 
Tefpedtive  conviction.    And  all  goods,  wares 


C     208     ] 


for- 


feited. 


and  goods  or  merchandize  fo  unladen  or  delivered,  {hall 
fared.'  become  forfeited,  and  may  be  fcir.cd  by  any 
cf  the  officers  of  the  cuftoins  ;  and  where  the 
value  thereof  according  to  the  hi^heft  market 
price  of  the  fame,  fhall  amount  to  four  hun- 
dred dollars,  the  vefTel,  tackle,  apparel  and 
furniture,  fhall  be  fubjecl  to  like  feizure  and 
forfeiture. 

c-oods  re-  Sec.  28.  And  be  it  further  enabled  ^  That  no 
fore  being*  goods,  wares  or  merchandize  brought  in  any 
oi-  ihip  or  veffel  from  any  foreign  port  or  place, 
requiring  to  be  weighed  or  guaged  in  order  to 
afcertain  the  duties  thereupon,  fhall  be  re- 
moved from  any  wharf  or  place  upon  which 
the  fame  may  be  landed  or  put,  before  the 
fame  {hall  have  been  weighed  or  guaged,  by 
or  under  the  direction  of  a  proper  officer  for 
that  purpofe  ;  and  if  any  fuch  goods,  wares  or 
merchandize  fhall  be  removed  from  fuch 
wharf  or  place,  unlefs  with  confent  of  the  pro- 
per officer,  before  the  fame  {hall  have  been 
fo  weighed  or  guaged,  the  fame  {hall  be  for- 
feited, and  may  be  feized  by  any  officer  of  the 
cufloms. 

Sec.  29.  And  be  It  further  cnaftcd,  That  a! 
goods,  wares  or  merchandize  of  which  entry 
fhall  have  been  made,  without  fpecification  oi 
particulars,  {hall  be  conveyed  to  forne  ware- 
houfe  or  flore-houfe,  to  be  defignated  by  the" 
collector,  in  the  parcel  or  packages  contain- 
ing the  -fame,  under  the  care  of  fome  proper 
oHicer,  until  the  particulars  thereof  fhall  be 
examined  and  afcertained  ;  agreeably  to  which 
the  duties  thereupon  mall  be  finally  adjufted 
and  fatisfied.  And  in  every  cafe,  if  the  amount 
of  the  duties  eftimated,  or  fecured  to  be  paid, 
ihall  exceed  or  fall  fhort  of  the  true  amount 


Goods  to 

be  ftored 
by  the  ccl 
lector  un- 
til the  du- 
fies  there- 
on are  af- 
c-trtained. 


cf  the  duties  on  the  goods,  wares  or  nierchan- 

inrxiricd,  a;-',  the  fame  fhall  be  finally  af- 

i.d,  the  difference  ihall  be  made  good, 

re  there  ft  all  be  an  excels,  by 

.  rn  of  th  p'-iid,  or  credit  on  the 

ill  have  been  given  for  the  fame, 

if  not  paid;  and  where  fhall  be  a  deficiency,  by 

meat  of  fuch  ci,  .  to  the  laid  collec- 

.    30.   And  bj  it  further  crafted,  That  r- 
it  {hall  be  lawful  for  the  collector  of  any  dif-  ^j1 
trict  at  which  any  ihip  or  veflel  may  arrive,  and  v.-riis  uu- 
furveyor  of  any  port  where  any  fuch  ^)thf.^Iar' 

v  be,  to  p  on  board 

<  ihip  or  veuel,  while  remaining  within  fuch 

.let,  or  in  going  from  one  difhici:  to  ano- 

r,  one  or  more  h.-pectors  to   examine  the 

;o   or  c  of  iuch  fhip  or  veliel,  and 

the  delivery   thereof,  or  of  fo 

ifiuch  thereof  as  ihall  be  delivered  within  the 

United  States,  and  to  perform  fuch  other  du- 

LiccorJliig  to  ki\v,  as  they  fhall  be  dircftcd 

by  the  laid   collector  or  furveyor  to  perform 

rhe  better  fecuring   the   collection  of  the 

duties:    P,  That  collectors  only  fhall 

[  have  power  to  put  on  board  {hips  or  veflels, 

jrs  to  go  from  one  diflrict  to  another.  [^  du" 
.1  ;he  faid  infpeclor  or  infpectors  fhall  make 
vn   to  tlie  perfon  having  the  charge  or 
co:r:nand  of  fuch  ihip  or  veilel,  the  diuies  he 
or  they  is  or  are  fo  to  perform  ;  and  fhaU  fuf- 
fcr  no  goods,  wares  or  merchandize  to  be  Ian* 
did  or  unladen  from  fuch  {hip  or  veffel,  with-  ^ 
out  a  proper  permit  for  that  purpofe  ;  and  Hiall 
r  in  a  book  to  be  by  him  or  each  of  them 
ane  cr  names  of  the  perfon  or  • 
fe  behalf  fuch  permit  was  granted, 
ar  wit::  the  particulars  therein  fpecined, 
L  D  2 


T   *«>   3 

the  marks,  numbers,  kinds  and  defcriptix  >n  - 
of  the  refpeclive  packages  which  mall  be  un- 
and  wager,  laded  purfuant  thereto.  ,And  the  wages  or 
compenfation  of  fuch  infpector  or  infpectors 
in,  going  from  one  diflricl  to  another,  {hall  be 
defrayed  by  the  matter  or  perfon  having  the 
charge  of  the  vefTel  in  which  they  -refpeclively 
go. 

Sec.  31.  And  be  it  further  enacled^  That  it 
mall  be  lawful  for  all  collectors,  naval-officers, 


&  revenue  furveyors,  infpeclors,  and  the  officers  of  the 
>  on  board  revenue  cutters  herein  after  mentioned,  to  go 


of  veffeiF,  On  board  of  mips  or  vefTels  in  any  part  of  the 
United  States,  or  within  four  leagues  of  the 
coafl  thereof,  if  bound  to  the  United  States, 
whether  in  or  out  of  their  refpeclive  diftricls, 
for  the  purpofes  of  demanding  the  manifefls 
aforcfaid,  an^  of  examining  and  fearching  the 

ifcarch.  "  faid  (hips  or  veffels  ;  and  the  faid  officers  ref- 
pectiveiy  mail  have  free  accefs  to  the  cabin, 
and  every  other  part  of  a  iliip  or  vefTel  :  and 
if  any  box,  trunk,  chefl.  cafe,  or  other  pack- 
age, flir.il  be  found  in  the  cabin,  fteerage  or 
forecaftle  of  fuch  fhip  or  veiTel,  or  in  any  other 
place  feparate  from  the  refidue  of  the  cargo, 
it  fhall  be  the  duty  of  the  laid  officer  to  take  a 
particular  account  of  every  fuch  box,  trunk, 
'cafk.  or  package,  and  the  marks,  if  any  there 
be,  and  a  defcription  thereof  ;  and  if  he  fhall 
judge  proper  to  put  a  feal  or  feals  on  every 
fuch  box,  chefl,  trunk,  cafk  or  package  ;  and 
fuch  account  and  defcription  mall  be  by  him 
forwarded  to  the  col  lector  of  the  diflricl:  to 
which  fuch  Ihip  or  veflel  is  bound.  And  if  up- 
on her  arrival  at  the  port  of  her  entry,  the 
boxes,  trunks,  chefls,  crJks  or  packages  fo 
defcribed,  or  any  of  them  lhall  be  miffing,  or 


if  the  fcals"  put  thereon  be  broken,  the  mafter 
or  commander  of  fuch  fhip  or  vdfel  fhall  for-  j^ 
feit  and  pay  for  every  fuch  box,  trunk,  cheft,  m«fter  t-i>  u 
cafk  or  package  ib  milling,  or  of  which  the  Penall)r- 
fcals  fhall  be  broken,  two  hundred  dollars. 
I  it  fhall  alfo  be  lawful  for  the  infpe&ors 

,  i  i        ,-  f\  •  r     Hatches  oi 

may  be  put  on  board  or  any  ihip  or  vel-  rdpt>eiivr 
fel,  to  iecure  after  funfet  in   each    evening,  vc/ieittobe 

111  -L         !  .  •   i      Iccurtd  ;u- 

t::j  hatches  and  otner  communications  with  ter  {unfit, 
the  hold  of  fuch  fhip  or  veffel,  with  locks  or 
oth,;r  proper  faftemngs,  which  faftenings  mall 
riot  be  opened,  broken  or  removed,  until  tile 
morning  following,  or  after  the  rifing  of  the 
fun,  and  in  prefence  of  the  infpeclor  or  infpec- 
tors  by  whom-  the  fame  fhall  have  been  affix- 
ed, except  by  fpecial  licenfe  from  the  chief  of- 
ficer of  the  port.     And  if  the  laid  locks  or 
other  faftenings,  or  any  of  them,  mall  be  broken  and  forftfji 
or  removed  during   the  night,  or  before  the  ture  for 
laid  rifing  of  the  fun,  or  without  the  prefence  Xm'hfthe 
of  the  faid  infpeccor  or  infpeclors,  the  mafter  ni£ht- 
or  perfon  having  the  charge  or  command  of 
fuch  fhip  or  veifel,  fhall  forfeit,  and  pay  the 
fum  of  two  hundred  dollars. 

Sec.    32.^  And  be  it  further  enaftcd,   That 
when  the   delivery  of  goods,  wares  or  mer-  5,?cargo 
chandize  from  oiv  board  of  any  fuch  fhip  or  delivered 
vefTel  at  any  pott  fhall   have  been  completed, 


the  accounts  or  entries  which  fhall  have  been  ^  entry 
kept  or  made  thereof  by  the  officer  or  officers 
who  fhall  have  been  charged  with  fuperintend- 
ing  the  faid  deliveries,  fhall  be  reported  to  the 
coiieclor  of  the  diftrift,  who,  together  with  the 
naval-officer,  where  there  is  one,  or  alone 
where  there  is  none,  fhall  compare  the  faid/ac- 
counts  and  entries  with  the  entry  or  entries 
which  fhall  have  been  made  by  the  ov/ner  or 
owners,  confignee  or  conftgnces,  his,  her  or 


[       212       V 

ard  -cfuit    their  factor  or  agqnt.     And  if  any  difference 
dorfede<m    fliajl  appear,  the  fame   fhall  be  noted  by  en- 
the  entry,    dorfcment  on  fuch  entry  or  entries,  fpecifvm  r 
the  particulars  thereof;  and  if  no  difference 
fiiall  appear,  it  mall  be  noted  by  like  endorfe- 
ment,  that  the  deliveries  have  correfponded 
•with  the  entry  ;  which  endorfeinent  or  memo- 
randum {hall  in  each  cafe  be  fubfcribed  by  the 
officer  or  officers  by  whom  fuch  comparifon 
{hall  have  been  made,  and  by   the  officer  or 
officers  under  whofe   infpeclion  the  faid  deli- 
veries fhall  have  been  executed. 
Goods  to  be      Sec.  o^.  And  be  it  further  enacled,T\\'tf.it 

taken  by  ,  •'     .  r  ~r  r.  i   •  i  r 

the  coiiec-   at  the  expiration  OT  fifteen  worKing  days  alter 
!c1",1-:  da;s  tne  tmie  v/i thin  which  the  report  of  the  matter 
madebjr01    or  perfon  having  the  charge  or  command  of 
™!!<rjrof     any  mi<P  or  veflel,  is  required  to  be  made  to 
the  collector  of  a  diftrict  as  afofefaid,  there 
ihall  be  found  on  board  any  goods,  wares  or 
merchandize,  other  than  mail  have  been  re- 
ported for  forne  other  diftricl'  or  a  foreign  port 
or  place,  the  faid  infpeclor  or  infpeclcrs  {ball 
take  polleilion  thereof,  and  deliver  the  fame  to 
the  order  of  the  collector  of  the  diftricl,  tak- 
ing his  receipt  therefor,  and  giving  a  certificate 
thereof  to   the  mailer  or  perfon  having  fuch 
charge  or  command  of  fuch  {hip  or  vefiel,  da- 
f bribing  the  packager,   and  their  marks  and 
kipdfem  ft^nibers.     ^I:-  tne   ^c*  g°°ds  fhail  be  kept 
9  Months,   with  due  and  reafonable  care  at  the  charge  and 
ihoi'ciaim   l'^  °^  ^e  GWIlcr  or  owners  for  a  term  of  nine 
cd.  to  have  months ;  and  if  within  that  time  no  claim  be 
i!iScda"nd  mac^e  ^°r  ^ie  la^e?  the  laid  coilcclor  (hall  pro- 
d  at  auc-  cure  an  appraifement  thereof  by  two  or  more 
1  nenlr^  reputable  merchants,  to  be  certified  under  their 
:d8  into   hands,  and  to  remain  with  him,  and  mall  af- 
thT/S  terwarcis  cauie  the  laid  goods  to  be  fold  at  pub- 
:;  L'i.:Ls.s:lic  auclics,  and  retaining  the  duties  and  char- 


C    =13    ] 

ges  thereon,  (hall  pay  the  overplus,  if  any  there 
be,  Into  the  trc".fury  of  the  United  States,  thefe 
to  remain  for  the  life  of  the  owner  or  owners, 

;  fhall  upon  due  proof  of  his,  her  or  their 
property,  he  entitled  to  reeeive  the  fame  ;  and 
the  receipt  or  certificate  of  the  collector  fhall 

nerate  the  mailer  or  commander  from  all 
claim  of  the   owner.     Provided,  That  where  f,!Ch 
any  entry  '(hall  have  heen  duly  made  of  fuch  " 
goou5,  the  fame  (hall  not  be  appraifcd  ;  and  if  cn 
that  where  fuch  goods  are  of  a  perifliable  na-  J^ 
ture,  they  mall  be  fold   forthwith.     Provided 
further,  That  the  faid  limitation  of  fifteen  days  LJmitati 
irtali  not  extend  to  mips  or  vefiels  laden  with  Of  15  days 

or  coal :  but  if  the  faid  mafter  or  owner  of  not,to  tv 

r      ,     n  .  rr  ,  ,  .  tcndtovcf- 

any  fuch  imp  or  veilel  requires  longer  time  to  fei*  iadt-n 
difcharee  her  car^n,  the  wa^es  or  compenfa-  vvitllfaltor 

r°i       •     r  >  T  coal> 

tion  or  the  mfpcctor  for  every  day  s  attendance 
exceeding  the  faid  fifteen  days,  fhall  be  paid  by 
the  faid  mailer  or  owner.     And  if  by  reafon  and  the  ex- 
of  the  delivery  of  a  carjro  in  different  diflricls,  tr,a  .u-arcs 

i  i        r  -  i  6  err  i   •  of  t!)C  fn- 

more  taan  the 'laid  term  or  nrteen  working  freaorsro 
days  Tnall  in  the  whole  be  fpent  therein,  the  h,e  Pait' br 

r     .  r-     i        •     r       o  •         tne  mailer. 

v;?/:;e3  or  compemation  or  the  inipeccor  or  in- 
fpcclors  v-;ho  may  be  employed  on  board  of 
any  fnip  or  vellel,  in  refpect  to  v/hieh  the  nid 
i  may  be  fo  exceeded,  mall  for  every  day 
of  fuch  excefs  be  paid  by  the  faid  mafrer  or 
owner. 

Sec.   34.  And  be  it  further  emitted,  Tliat  if  Packages 
r.ny  package  whatever,  which  fhall  have  been  ^r^ted 

i  r        r  •  i     n     11  i  •  i  miffing,  or 

orted  as  aioreiaid,  (hall  be  \vantmg  ana  not  difagrce- 
found  on  board  fuch  ihip  or  velicl,  or  if  the  me"t.t°Jti^ 
roods   on  board  the  faid  fhip  or   veiTel  mall  the  cargo, 
othcrwifc  not  a-rrec    \vith   the   report  of  the  r;ihJe(rti»s 

n  ,        °          „         .  ,   £  the    rraflcr 

maiter  or  otner  per:on  haying  tuc   cnarge  cr  to  a  penal- 
command  of  any  fuch  ihip  or  veifel  ;  in  every  tJr< 
fuch  cafe  he  fhaii  forfeit  and  pay  the  funi  c  f 


rT 
214  j 

five  hundred  dollars.  Provided  ncverihelefe^ 
That  if  it  fliall  be  made  to  appear  to  the  fatif- 
faclion  of  the  collector,  naval-officer  and  fur- 
veyor,  or  the  major  part  of  them,  where  thofe 
officers  are  eftablilhed  at  any  port,  or  to  the 
fatisfaction  of  the  collector  alone  where  either 
of  the  laid  other  officers  is  not  eftablifhed,  or 
in  cafe  of  trial  for  the  laid  penalty,  to  the  fa- 
tisf acllon  of  the  court,  that  no  part  of  the  car- 
go ci  fuch  fliip  or  vcflfel  has  been  imfliipped 
iince  it  was  taken  on  beard,  except  as  fliall  have 
been  fpecirfed  in  the  laid  report,  or  that  the 
ibid  difagreefnent  is  by  accident  or  miitake  ; 
in  fuch  cafe  the  penalty  aforefaid  fliall  not  be 
inflicljd. 

Allow.  Sec.  3  5,  AnJ.  be  li  further  cnaclcd.^  That  the 

"hcd,^    following   :"        -ccs  fhall  be  made  for   the 
and  tare      drafts  and  i  i.l  1:2  articles  fubjecl  to  duty 

ef  articles.    ty  we^]lt  .    ^    js  to    fay  .    For.    draught    on 

any  quantity  of  one  hundred  weight,  or  one 
hundred  and  twelve  pounds,  and  under,  one 
pound  ;  on  any  quantity  above  one,  and  not 
exceeding  two  hundred  weight,  two  pounds  ; 
on  any  quantity  above  two,  and  not  exceeding 
three  hundred  weight,  three  pounds  ;  on  any 
quantity  above  three,  and  not  exceeding  ten 
hundred  weight,  four  pounds  ;  on  any  quan- 
tity above  ten,  and  not  exceeding  eighteen 
hundred  weight,  feven  pounds  ;  on  any  quan- 
tity above  eighteen  hundred  weight,  nine 
pounds  :  For  tare,  on  every  whole  cheft  of 
bchca  tea,  feventy  pounds  ;  on  every  half- 
chell,  thirty-fix  pounds  ;  on  every  quarter- 
clieli,  twenty  pounds  ;  on  every  chelt  ot  hylbn 
or  other  green  tea,  the  grois  weight  of  which 
ihall  be  feventy  pounds  or  upward;;,  twenty 
pounds  ;  on  every  box  of  other  tea,  not  leis 
than  fifty,  or  more  than  icvei^y  pounds  grols. 


L     215     } 

^ileen  pounds  ;  on  all  other  boxes  of  tea, 
According  to  the  invoice  thereof  ;  on  coffee  in 
ba<.;;:,  t\vo  per  cent,  inhales,  three  per  cent,  in 
calks,  twelve  per  cent.  ;  on  pepper  in  bales, 
five  per  cent,  in  calks,  twelve  per  cent.  ;  on 
fugars, -other  than  loaf  fugar,  in  calks,  twelve 
per  cent,  in  boxes,  fifteen  per  cent.  ;  on  all 
other  goods,  according  to  the  invoice  thereof. 
Provided  nl-^jys,  Thnt  wTu.re  the  original  in- 
voices of  any  of  the  .'need, 
-and  the  tare  or  tares  appear  therein,  it  (hall  be 
lawful,  with  the  confent  of  the  importer  or  im- 
porters, confignee  or  c  ;S,  to  efiiniate 
the  fa  id  tare  or  tares  according  to  fuch  invoice. 

Sec.    VG.   And  lc  It  further  cnciftcd,    That  Allowance 
fh.re  fhail  be  an  allowance  frr  leakage  of  two  !j^eak- 
per  cent,  on  the  quantity  v.hich  fliall  appar 
by  the  guage  to  be  contained  in  any  calk  of 
liquors  iubject  to  duty  by  the  gallon. 

Sec.  37.  And  be  it  further  enacted^  That  if  c nods  da- 
any  goods,  wares  or  merchandize,  on  which  magcddur* 

i        •  fi:    *rt      11  •  ^  i  I!1<1  <n-    vov- 

dutics  are  payable,  mail  receive  damage  during  ag^  or  n;,t 
the  voyage,  or  (hail  not  be  accompanied  with  accompa- 

i  .',',.  .  r       .  n         •        n       *•••     i          n-icd   with 

the  original  invoice  or  their  colt,  it  ihaii  be  an  invoice, 
1-Vvvful  for  the  collector  (and  upon  the  requeft  fo  be  aP~ 

PI  -  .      \x  .  praife4  t« 

or  the  party  ne  ;s  required j  to  appoint  one  mer-  afccrtain 
chant,  and  the  owner  or  confignee  to  appoint  the  dutlcs> 
another,  who  being  fworn  or  affirmed  by  the 
colleclior,  well  and  truly  to  appraife  fuch  goods, 
fhall  appraife  or  value  them  accordingly,  and 
the  duties  upon  fuch  goods  (hall  be  citimated 
agreeably  to  fuch  appraifernent  or  valuation  : 
And  in  refpecl  to  fuch  damaged  articles 
are  charged  with  a  fpjcitic  duty,  by  numb,-, 

.;ht  or  me'afirre,  the  faicl  appraifers  fhall  ccr- 
t';y  what  in  their  judgment  would  have  bee;i 

tr  value,  in  cafe  they  had  not  been  fo  da- 
maged, and  there  fliall  be  an  abatement,  in  the 


jd  the  ht- 


tor  until 

the  invoice 


ie  owner 


shis  or 


duty  in  proportion  to  the  difference  in  yal 
Provided,  That  if  the  owner  or  owners,  con- 
%nee  or  coniignees  of  fuch  goods  not  accom- 
panicd  with  an  original  invoice,  ma!!  chufe  to 

-\  •  c     .        r  r       t         r  •  t 

wait  the  receipt  thereor,  in  fuch  cafe  the  faid 
colleclor  ih  all  take  into  his  cuftody  the  faid 
goods,  and  (hall  keep  or  caufe  the  fame  to  be 
kept  with  due  and  reafo  liable  care,  at  the  ex- 
penfe  and  rifk  of  the  party  or  parries,  until  the 
faid  invoice  mall  arrive,  or  until  the  faid  party 
or  parties  (hall  confent  to  the  valuation  thereof. 
Sec.  38.  And  be  it  further  enacted,  That  if 
any  ^P  or  ve^  from  any  foreign  port  or 
place,  compelled  by  diftrefs  of  \veather  or 
otner  necefiity,  (hall  put  into  any  port  or  place 
of  the  United  Slates,  not  being  deftined  for 
the  fame  ;  and  if  the  mailer  or  perfon  having 
charge  or  command  of  fuch  fhip  or  veilel,  to- 
gether with  the  mate  or  perfon  next  in  com- 
mand, (hall,  within  twenty-four  hours  after 
her  arrival,  make  protefl  in  the  ufual  form 
upon  oath  before  a  notary  public,  or  other 
perfon  duly  authorized,  or  before  the  collec- 
tor of  the  diftricl  where  the  faid  fhip  or  vefTel 
mall  fo  arrive,  who  is  hereby  empowered  to 
admirrrfter  the  fame,  fetting  forth  the  caufe  and 
circumftances  of  fuch  cliftrefs  or  neceility,  and 
mail  within  forty-eight  hours  after  fuch  arri- 
val, make  report  to  the  faid  collector,  of  the 
faid  (hip  or  verTel  and  her  cargo  as  in  other 
cafes.  And  if  it  mail  be  made  appear  to  the 
faid  collcclor,  by  the  certificate  of  the  wardens 
of  the  port,  or  other  officers  ufually  charged 
load  their  with,  and  accuftomed  to  afcertairiing  the  con- 
Jition  of  mips  and  veflels  arriving  in  diflrefs, 
if  any  fuch  there  be,  or  by  the  certificate  of 
any  two  reputable  merchants,  to  be  named  for 
that  purpofe  by  the  faid  collector,  if  no  fuch 


aud  coiicc 
tor  may 


C    217    ] 

'wardens  or  other  ofncers  there  be,  that  there 
...is  a  njce;Iity  for  unlading  the  faid  (hip  or  vef- 
fel,  the  faid  collector  (hall  grant  a  permit  for 
th  u  purpofe,  and  fhall  appoint  a>;  infpector  or 
inledors  to  overfee  fuch  unlading.  And  all  which  [hail 


goods  fo  unladen  fliall  be  ftored  under  the  di-  J 
rjctioa  of  the  faid  collector  ;   who,  upon  re-  direaiun,& 
queft   of  the  mailer  or  other  perfon  having  ^.^"f1" 
charge  or  command  of  fuch  fhip  or  vciiel,  or  i"-»d  i;y  Mi 
of  the  owner  thereof,  fhall  grant  a  licence  to  luxn:e» 
difpo-e  of  fuch  part  of  the  faid  cargo  as  may 
be  of  a  periihable  nature  (if  any  there  be)  or 
as  may  be  neceffary  to  defray  the  expenfes  at- 
tending fuch  fhip   or  veflel,  and  her  cargo  : 
Provided,  That  the  duties  thereupon  be  firfl 
paid.    And  the  Lid  goods,  or  the  remainder 
'thereof,  may  afterwards  be  reladen  on  board  bctngUfi5 
the  faid  fnip  or  veiiel,  and  the  faid  fhip  or  vef-  p«;^  «™1 
fel  may  proceed  with  the  fame  to  the  place 
of  her  deflination,  free  from  any  other  charge 
than  for  the  ftoring  and  fafe-keeping  of  the 
faid  goodSt 

Sec.  39.   And  be  it  further  enafted.    That 
•the  ad   valorem  rafes  of  duty   upon  goods,  Rule  fop 
wares  and  merchandize  at  the  place  of  impof  -  J;^ 
tation,  fhall  be  eJlimated   by   adding  twenty  rem  rates  of 
per  cent,  to  the  actual  coil  thereof,  if  impor-  p££ofira! 
ted  from  the  Cape  of  Good  Hope,  or  from  portatiou. 
,  any  place  beyond  the  fame  ;  and  ten  per  cent. 
;  on  the  actual   coil  thereof  if  imported  from 
|  any    other    place    or    country,   exclufive    of 
charges. 

Sec.  40.  And  be  it  further  enaffed,  That  all  ^ 

r  .  ,        J      .       .        n     „     '  Rates  of  fo- 

roreign  coins  and  currencies  mail  be  efhma-  rcjgn  coid 
-ted   according  to  the  following  rates  :  Each  &currepcy. 
pound  flerling  of  Great-Britain,  at  four  dol- 
lars and  forty-four  cents  ;  each  livre  tournois 
of  France,  at  eighteen  cents  and  an  fyalf  ;  eaeh 
VOL.  I,  E  * 


t 

florin  or  guilder  of  the  United  Netherlands, 
at  thirty-nine  cents ;  each  mark  banco  of  Ham- 
burg, at  thirty-three  cents  and  one  third  ;  each 
rix  dollar  of  Denmark,  at  one  hundred  cents ; 
each  rial  of  plate  of  Spain,  at  ten  cents ;  each 
milree  of  Portugal,  atone  dollar  and  twenty, 
four  cents  ;  each  pound  flerling  of  Ireland, 
at  four  dollars  ten  cents ;  each  tale  of  China, 
at  one  dollar  forty-eight  cents ;  each  pagoda 
of  India,  at  one  dollar  ninety-four  cents ;  each 
rupee  of  Bengal,  at  fifty-five  cents  and  an  half; 
and  all  other  denominations  of  money  in  va- 
lue as  near  as  may  be  to  the  faid  rates. 

Sec.  41.  And  be  It  further  cnaftcd,  That  rJlj 
^U^es  on  goods,  wares  and  merchandize  im- 
to be" paid   ported,  mall  be  paid  or  fecured  to  be  paid,  be- 
er fecured.  fore  a  permjt  f^\\  [)e  granted  for  landing  the 
fame.  And  where  the  amount  thereof  on  goods 
imported  in  any  Ihip  or  veffel,  on  account  of 
one  perfon  only,  or  of  feveral  perfons  jointly 
interefted,  (hall  not  exceed  fifty  dollars,  the., 
fame  mail  be  immediately  paid ;  but  where 
the  faid  amount  mail  exceed  fifty  dollars,  the 
fame  may,  at  the  Option  of  the  proprietor  on 
proprietors,   confignee  or  confignees,  be   tt\ 
fher  immediately   paid  or  fecured  by  bond,] 
Xvith  condition  for  the  payment  thereof,  if  ac-l 
cruing    upon  articles  of  the  produce  of  the 
Weft-Indies,   in   four    months ;     if  accruing .- 
on  Madeira  wines,  in  twelve  months ;  if  ac-J 
cruing  upon  any  other  goods,  wares  or  mer- 
chandize,  other  than  teas  imported  from  Chi- 
na, in  fix  months  ;  which  bond,  at  the  like  op- 
tion of  the  faid  proprietor  or  proprietors,  con-j 
fignee  or  confignees,  (hall  either  include  one; 
or  more  fureties,  to  the  fatisfaction  of  the  col-  • 
leclor  of  the  difiriel:  where  the  faid  duties  (hall 
accrue,  or  mall  be  accompanied  with  a  depofit  •; 


C    219    j 

in  the  c'iftody  of  the  faid  collector,  of  fo  much  Dl!ties 

..    .  .  .       J     ,  n     if    •       i  •      •      i  i        to  he  i 

•or  me  laid  goods,  as  Inail  in  nis  judgment  be 
a  fuflicient  iecurity  for  the  amount  of  the  du- 
ties for  which  fuch  bond  mail  have  been  given, 
and  the  charge  of  the  fafe-keeping  and  fale  of 
the  goods  fo  depofited  ;  which  depofit  mall 
and  may  be  accepted  in  lieu  of  the  faid  furety 
or  fureties,  and  fhall  be  kept  by  the  faid  col- 
leclor, with  due  and  reafonabie  care,  at  the 
expenfe  and  riik  of  the  party  or  parties  0*1 
\vhofe  account  the  fame  mail  have  been  met 
until  the  fum  fpecified  in  fuch  bond  ihall  have 
become  due,  at  which  time  if  fuch  fum  fhall 
not  be  paid,  fo  much  of  the  faid  depofited  floods 
as  »iay  be  nccetfary,  Ihall  be  fold  at  public  fale, 
and  the  proceeds  thereof,  after  deducting  the 
charges  of'  keeping  and  fale,  fhall  be  applied 
to  the  payment  of  fuch  fum,  rendering  the 
overplus  and  the  refidue  of  the  laid  goods,  if 
any  there  be.  to  the  perfon  or  perfcns  by 
whom  fuch  depofit  mail  have  been  made,  or 
to  his,  her  or  their  reprefentatives.  Provided* 
That  no  perfcn  whole  bond  for  the  payment 
of  duties  is  due  and  unfatisfied,  fhall  be  allow- 
ed a  future  credit  for  duties,  until  fuch  bend 
fhall  be  fully  paid  or  difchargcd. 

Sec.  42.   Proi-Lfjd  always*  and  b-j  it  further 
exacted^  That  all  teas  imported  froiri^C/hina,  .r(cvh;n. 
may,  at  the  option  of  the  proprietor  cr  con-  ™-'>  fcede., 
fignee  thereof,  be  depofited  in  the  cuftody  of  ^.'sl^ry'i'i 
the  collector  with'  whom  the  fame  ihall  be  <••< 
entered,  or  the   dutits    thereon   fccured    by 
bond,  with  one  or  mere  fureties,  to  the  fa  til - 
faction  of  the  colleclor,  with  condition  for  the 
payment  of  fuch  duties  within  twelve  months ; 
and  in  cafe  of  depofiting  fuch  teas,  they  fhull 
be  kept  at  the  charge  of  the  perfon  or  perfons 
depofiting  the  fame.  And  the  collector  Ihall 


L    22 

deliver  fucli  teas,  or  part  thereof,  from  time 
to  time,  to  the  perfon  or  perfons  depofiting- 
the  fame,  or  to  his  or  their  order,  on  payment 
qf  the  duties  for  fuch  part  as  may  be  fo  deli- 
yered,  and  not  otherwise;  and  in  cafe  the  whole 
of  the  duties  fhall  not  be  paid  within  eighteen 
months  from  the  time  of  the  entry  made,  it 
fhall  be  the  duty  of  the  (aid  collector  to  fell 
at  public  auction  fo  much  of  the  faid  teas  as 
iLail  be  fufncient  to  pay  the  duties  then  due, 
together  with  the  charges  of  fale  and  fafe 
keeping,  and  to  return  the  overplus  to  the 
perfon  or  perfons  who  {hall  have  depofited 
fuch  teas,  or  his,  her  or  their  representatives ; 
and  for  fuch  teas  as  have  been  imported  from 
China  in  the  prefent  year,  the  owner  or  con- 
fignee  thereof  mall  be  entitled  to  depofit  the 
fame,  or  to  give  bond,  payable  in  like  man- 
ner, and  under  like  regulations,  as  are  herein 
before  directed  for  teas  which  (hall  hereafter 
be  imported,  notwithstanding  the  duties  on 
fuch  teas  may  have  been  already  fecured  to 
be  paid. 

Sec.  43.    And  be  it  further  enacted^   That 
tne  duties  impofed  by  "law  on  the  tonnage  of 
within  ten   any  fhip  or  vefiel,  fhall  be  paid  to  the  collec- 
report  his    tor  ^7  tne  mafter  or  perfon  having  the  charge 
been  made,  or  command  of  fuch  fhip  or  veifel,  within  ten 
days  after  his  report  to   the  faid  collector  ; 
and  before  fuch  {hip  or  veflel  (hall  be  permit- 
ted to  clear  out  \  the  regifter  of  which  {hip 
or  veiTel  (ball  at  the  time  of  entry  be  lodged 
in  the  office  of  the  collector,  and  there  remain 
until  fuch  clearance.  And  if  any  fhip  or  vef- 
fel  il>all  leave,  or  attempt  to  leave  any  diftric~t 
.  of  the  United  States,  without  paying  the  faid 
duties,  the  matter  or  perfon  having  the  charge 
or  command  of  the  fame  fhall  forfeit  and  pay 
five  hundred  dollars. 


[       221       ] 

Sec.  44,  And  be  it  further  enabled ^  That  to 
~  afcertain  the  tonnage  of  any  (hip  or  veffel,  the  :>t '•«*<«- 

r  r       i  i  J  r  rini  faff  the  ton- 

.  lurveyor,  or  inch  other  perfon  as  mail  heap-  cage  of  any 
pointed  by  the  collector  of  the  diitrict  to  mea-  vt*lcl- 
lure  the  fame,  (hall,  if  the  faid  (hip  or  veffel  be 
double  decked,  take  the  length  thereof  from 
i:-\2  fore  part  of  the  main  Item  to  the  after 
part  of  the  ilern  poll  above  the  upper  deck  ; 
the  breadth  thereof  at  the  broadcft  part  above 
the  main  wales,  half  of  which  bread ih  (hall  be 
accounted  the  depth  of  fuch  veffjl,  and  (hall 
then  deduct  from  the  length  three  fifths  of 
the  breadth,  multiply  the  remainder  by  the 

J- breadth,  and  the  product  by  the  depth,  and 
(hall  divide  this  Lift  product  by  ninety-five,  the 
quotient  whereof  (hall  be  deemed  the  true  con- 
tents or  tonnage  of  fuch  (hip  or  veffel.  And 
if  fuch  ihip  or  veffel  befmgle  decked,  the  (aid 
furveyor  or  other  perfon  fhall  take  the  length 
and  breadth  as  above  directed,  in  refpect  to  a 
double  decked  (hip  or  veffel,  mail  deduct  from 
the  I;  ud  k.agth  three  fifths  of  the  breadth,  and 
taking  the  depth  from  the  under  fide  of  the 
deck  plank  to  the  cieling  in  the  hold,  fhall 
multiply  and  divide  as  aforefaid,  and  the  quo- 
tient (hall  be  deemed  the  tonnage  of  fuch  (hip 
or  veffel. 

Sec.   4v~  And  be  It  further  enacted-  That 

i  i          i  r         i  r   i      •       n     n    B,6njl  for 

where  any  bond  tor  the  payment  01  duties  mail  d-.'tks  '<ov. 
not  be  fatistied  on  the  day  it  became  due,  the 

.,„  niir          i         •    i  ,•  r  '  ftCUttU. 

collector  (hall  forthwith  Caule  a  profecutaoq  to 
be  commenced  for  the  recovery  of  the  money 
thereon,  by  action  or  iuit  at  law,  in  the  pro- 
per court  haying  cognizance  thereof;  and  in  . 
all  cafes  of  infolvcncy,  or  where  any  edate  in 
the  hands  of  executors  or  adminiftnUors  (hull 
be  infufficient  to  pay  all  the  debts  due  from 


[       222       J 

the  deceafed,  the  debt  due  to  the  United  States, 
on  any  fuch  bond,  fhall  be  firfl  fatisfied. 
Goods  en-       Sec.  46.  And  be  it  further  entitled r,  That  if 
tercd  and    any  proods,  wares  or   merchandize,  of  which 

not  truly  j     o  ? 

invoiced,  entry  fhall  have  been  made  in  the  office  of  a 
kited  f°r"  c°He&or?  ma^  not  t>e  invoiced  according  ta 
the  actual  cofl  thereof  at  the  place  of  expor- 
tation, with  defign  to  evade  the  duties  there- 
upon, or  any  part  thereof,  all  fuch  goods, 
wares  or  merchandize,  or  the  value  thereof, 
to  be  recovered  of  the  perfon  making  entry, 
mail  be  forfeited.  And  in  every  cafe  in  which 
the  faid  collector  fhall  fufpect  that  any  fuch 
goods,  wares  or  merchandize,  are  not  invoiced 
at  a  fum  equal  to  that  for  which  they  have 
ufually  been  fold  in  the  place  or  country  from 
whence  they  were  imported,  it  mall  be  the  du- 
ty of  fuch  collector  to  take  the  faid  goods, 
wares  and  merchandize  into  his  pofreflicn,  and 
retain  the  fame,  with  reafonable  care,  at  the 
riik  and  expenfe  of  the  owner  or  cv/ners,  con- 
fignee  or  confignees  thereof,  until  their  valus 
Hrw  to  be  at  the  time  and  place  of  importation  fhall  be 

..!i  trtJ.m-          r  .         ,  ,  .  .   A  . 

MI.  alcertamed  by  two  reputable  merchants,  to  be 

chofen  and  appointed  as  in  the  cafe  of  damag- 
ed goods,  or  goods  not  accompanied  with 
an  invoice  ;  and  until  the  duties  arifing  ac- 
cording to  fuch  valuation  mail  be  firft  paid, 
or  fecured  to  be  paid,  as  required  by  this  act 
in  other  cafes  of  importation  :  Provided^  That 
in  cafe  of  a  profecution  for  the  forfeiture  afore- 
laid,  fuch  appraifement  fhall  not  be  conftrued 
to  exclude  other  proof  upon  the  trial,  of  the 
actual  and  real  cofl  of  the  laid  goods  at  the 
faid  place  of  exportation. 

officers fuf-  Sec.  47-  And  be  It  further  enaclcd^  That  ir 
peau.g  (hall  be  lawful  for  the  collector  or  ether  cr- 
c'xamine7  ^cer  °*  t^e  cuftoms,  afte^entry  made  of  any 
••*.  goods,  wares  c*.  mercharid:ze?  on  fufpicion  of 


fraud,  to  open  and  examine  in  the  prefence  of 
two  or  more  reputable  merchants,  any  pack- 
age or  packages  thereof;  and  if  upon  exami- 
nation they  ihall  be  found  to  agree  with  the 
entries,  the  officer  making  fuch  feizure  (halt 
caufe  the  fame  to  be  repacked,  and  delivered 
to  the  owner  or  claimant  forthwith  ;  and  the 
expenfe  of  fuch  examination  (hall  be  paid  by 
the  faid  collector  or  other  officer,  and' allowed 
in  the  fettlement  of  his  accounts ;  but  if  any 
of  the  packages  fo  examined  mall  be  found  to 
differ  in  their  contents  from  the  entry,  then  the 
goods,  wares  or  merchandize  contained  in  fuch 
package  or  packages  ihall  be  forfeited  :  Pro- 
indcd^  That  the  faid  forfeiture  fhall  not  be  in- 
curred, if  it  iliall  be  made  appear  to  the  fatif- 
faclion  of  the  collector  and  naval-officer  of  the 
diftrict  where  the  fame  mail  happen,  if  there 
be  a  naval-officer,  and  if  there  be  no  naval- 
officer,  to  the  fatisfaclion  of  the  faid  collector, 
or  of  the  court  in  which  a  profecution  for  the 
forfeiture  (hall  be  had,  that  fuch  difference 
proceeded  from  accident  or  miftake,  and  not 
from  an  intention  to  defraud  the  revenue. 

Sec.   48.    And  be  it  further  cnattzd.  That 
every  collector,  naval-officer  and  furveyor,  or  •;"«;-  «>n~ 
other  perfon  fpecially   appointed  by  either  of  ^ '^ 
them  for  that  purpofe,  mall  have  full  power  fcarched_ 
and  authority  to  enter  any  (hip  or  veflel  in  '^S! 
which  they  mall  have  reafon  to  fufpecl  any 
goods,  wares  or  merchandize  fubjecl  to  duty 
mall  be  concealed  ;  and  therein  to  fearch  for, 
feizj  and  fecure  any  fuch  goods,  wares  or  mer- 
chandize. And  if  they  fhall  have  caufe  to  fuf- 
pect  a  concealment  thereof  in  any  particular 
dwelling-houfe,  flore,  building  or  other  place, 
they  or  either  of  them  (hall  upon  application 
on  oath  to  aay  jullice  of  the- peace,  be  entitled 


to  a  warrant  to  enter  fiich  houfe,  ftore  or  other 
place  (in  the  day  time  only)  and  there  to  fearch 
for  fiich  goods,  and  if  any  fliall  be  found,  to 
feize  and  fecure  the  fame  for  trial  :  and  all 
fiich  goods,  wares  and  merchandize,  on  which 
the  duties  fliall.  not  have  been  paid  or  fecured. 
fhall  be  forfeited. 

Sec.  49.  And  be  it  further  enacted,  That  all 
lotakccuf-  goods,  wares  and  merchandize  which  (i  all  be 
£poL°fa2-  feized  by  virtue  of  this  aft,  fhall  be  put  into 
£d.  and  remain  in  the  cuftody  of  the  collector  cr 

fuch  other  perfon  as  he  fhall  appoint  for  that 
purpofe,  until  fuch  proceedings  {hall  be  had  as 
by  this  aft  are  required,"  to  ascertain  whether 
the  fame  have  been  forfeited  or  not ;  and  if  it 
mall  be  adjudged  that  they  are  not  forfeited 
they  (hall  be  forthwith  reftored  to  the  owner 
pcnah '  for  or  owners?  claimant  or  claimants  thereof.  And 
concealing  if  any  perfon   or  perfons  fliall  conceal  or  buy 
-oods^ib    ari7  g°°ds,  wares  or  merchandize,   knowing 
£&  to  da-  them  to  be  liable  to  feizure  by  this  'aft,  fuch 
ty<  perfon  or  perfons  mall,  on  conviction  thereof \ 

forfeit  and  pay  a  fum  double  the  value  of  the 
goods  fo  concealed  or  purchafed. 

Sec.  co.  And  be  It  further  enacted,  That  it 
ihallbetheduty  of  the  feveral  officers  of  the 
cuftoins  to  make  feizure  of,  and  fecure  any 
.  ^jp  or  vefl-e}3  goods,  wares  or  merchandize, 
which  fhall  be  liable  to  feizure  by  virtue  of 
this  aft,  as  well  without  as  within  their  refpec- 
tive  diflrifts. 

Sec.  51.  And  be  it  further  enafted.  That  if 
ShM^mo"*  any  °^cer  or  otner  perfon,  executing  or  aid- 
lcft«d  may  ing  and  affifting  in  the  feizure  of  goods,  fhall 
plead  this  kg  fue(j  or  moiefted  for  any  thing  done  in 

virtue  of  the  powers  given  by  this  aft,  or  by 
virtue  of  a  warrant  granted  by  any  judge  or 
juftice  purfuant  to  law,  fuch  officer  or  other 


t 

n  may  plead  the  general  ifTue,  and  give 
this  act  and  the  fpecial  matter  in  evidence  ; 
and  if  in  fuch  fuit  the  plaintiff  be  non-fuited, 
or  judgment  pafs  againil  him,  the  defendant 
mall  recover  double  coil  ;  arid  in  actions,  fuits 
or  information  to  be  brought,  where  any 
feizure  fhall  be  made  purfuant  to  this  act,  if 
the  property  be  claimed  by  any  perfon,  in 
every  fuch  cafe  the  onus  probandi  (hall  be  upon 
fuch  claimant.  And  if  any  perfon  mail  forcibly  Penalty  for 
refill,  prevent  or  impede  any  officer  of  the  >"jp«Kng 

.     .       ,    i  r    officer!  m 

culioms,  or  their  deputies,  or  any  penon  ai-  the  execu- 
fiiting  them  in  the  execution  of  their  duty,  tj™rof£hcir 
fuch  perfon  fo  ofFcnding,  fhall  for   every  of- 
fence be  fined  in  a  mm  not  exceeding  four 
hundred  dollars* 

Sec.  52.  And  be  it  further  cnafted.  That  eve-  Collectors, 
ry  collector,  naval-officer  and  furveyor  fliall,  "^a&°fur- 
within  three  months  after  he  enters  upon  the  veyors  to 
execution  of  his  office,  give  bond  with  one  or  fnt-,r  '"ta 

n  tr"          r          •  i  T       r  i        bonds  for 

more  lumcient  iureties,  to  be  approved  or  by  perform- 


the  comptroller  of  the  treafury  of  the  United  ™c  of  d 
States,  and  payable  to  the  faid  United  States, 
with  condition  for  the  true  and  faithful  dif- 
charge  of  the  duties  of  his  office  according  to 
1'VxV  ;  that  is  to  fay  :  The  collector  of  Phila- 
delphia, in  the  fum  of  fixty  thoufand  dollars  : 
The  collector  of  New-  York,  fifty  thoufand 
dollars  :  The  collector  of  Boflon  and  Charlef- 
town,  forty  thoufand  dollars  :  The  collectors 
cf  Baltimore,  and  Charlefton,  thirty  thoufand 
dollars  each  :  The  collector  of  Norfolk  and 
Portfmouth,  fifteen  thoufand  dollars  :  The  col- 
lectors of  Portfmouth  in  New-Hampmire,  of 
Salem  and  Beverly,  Wilmington  in  the  (late  of 
Delaware,  Annapolis,  Georgetown  in  Mary- 
land, Bermuda-hundred  and  City-point,  Alex- 
andria, Wilmington,  Ncwbern  and  Edcnton  ia 
VOL.  I.  F  2 


[       220       ] 

the  ft  ate  of  North-Carolina,  Newport  and  Pro- 
vidence in  the  flate  of  Rhode-Iflaiid  and  Pro- 
vidence Plantations,  ten  thoufand  dollars  each: 
The  collectors  of  Newburyport,  Glouceiter, 
Marblehead,  Plymouth,  Nantucket,  Portland 
and  Falmouth,  New-London,  New-Haven, 
Fairfield, Perth- Amboy,  Yorktown, Dumfries, 
Wafhington  and  Cambden,  Georgetown  in 
South-Carolina,  Beaufort,  and  Savannah,  each 
five  thoufand  dollars  :  And  all  the  other  col- 
lectors in  the  fum  of  two  thoufand  dollars 
each.  The  naval-officers  for  the  ports  of  Bof- 
ton  and  Charleftown,  New- York,  Philadel- 
phia, Baltimore,  and  Charlefton,  ten  thoufand 
dollars  each  ;  and  all  the  other  naval-officers 
in  the  fum  of  two  thoufand  dollars  each.  The 
furveyors  of  the  ports  of  Bofron  and  Cbarief- 
town,  New- York,  Philadelphia,  Baltimore, 
and  Charlefton,  five  thoufand  dollars  each  ; 
and  all  other  furveyors  one  thoufand  dollars 
each.  Which  bonds  lhall  be  filed  in  the  office 
of  the  faid  comptroller,  and  be  by  him  feve- 
rallyput  in  fuit  for*  the  benefit  of  the  United 
States,  upon  any  breach  of  the  condition  there- 
of. And  as  no  provifion  has  been  heretofore 
fpecially  made  concerning  the  officers  of  the 
cuftoms  who  may  have  been  heretofore  ap- 
pointed in  and  for  the  ftates  of  North-Caroli- 
na, and  Rhode-Ifland  and  Providence  Planta- 
tions ;  the  faid  officers  refpectively  (hall,  with- 
in four  months  after  the  palling  of  this  acl, 
give  bond  with  proper  furety  or  fureties,  in 
conformity  to  the  provifion  aforefaid. 
Their  fees  Sec.  53.  And  be  it  further  enafled^  That 
of  office  &  there  {hall  be  allowed  and  paid  to  the  collec- 
age.  "  tors,  naval-officers  and  furveyors  to  be  ap- 
pointed purfuant  to  this  acl,  the  fees  and  per 
centage  following  j  that  is  to  fay  :  To  each 


collector  for  every  entrance  of  any  fhJp  orvefr 
fel  of  one  hundred  tons  burthen  or  upwards, 
two  dollars  and  an  half;  for  every  clearance 
of  any  (hip  or  veffel  of  one  hundred  tons  bur- 
then  and  upwards,  two  dollars  and  an  half; 
for  every  entrance  of  any  fhip  or  veffel  under 
the  burthen  of  one  hundred  tons,  one  dollar 
and  an  half ;  for  every  clearance  of  a  fhip  or 
veffel  under  one  hundred  tons  burthen,  one 
dollar  and  an  half;  for  every  permit  to  land 
goods,  twenty  cents  ;  for  every  bond  taken  » 

officially,  forty  cents  ;  and  for  every  permit  to 
load  goods  for  exportation,  which  are  entitled 
to  a  drawback,  thirty  cents  ;  for  every  official 
certificate,  twenty  cents ;  for  every  bill  of 
health,  twenty  cents  ;  for  every  other  official 
document  (regiflers  excepted)  required  by  the 
owner  or  matter  of  any  veffel  not  before  enu- 
merated, twenty  cents  :  and  where  a  naval- 
officer  is  appointed  to  the  fame  port,  the  faid 
fees  mail  be  equally  divided  between  the  col-  Fce3ofcol, 
lector  and  the  laid  naval- officer,  the  latter  pay- 
ing  one  third  of  the  expence  of  neceffary  fta- 
tionary,  and  of  the  rent  of  an  office  to  be  pro-  ors. 
vided  by  the  collector,  at  the  place  affigned 
for  his  refidence,  and  as  conveniently  as  may 
be  fos  the  trade  of  the  diftrict  :  and  all  fees 
mall,  at  the  option  of  the  collector,  be  either 
received  by  him  or  by  the  naval-officer,  the 
party  receiving  to  account  monthly  with  the 
other  for  his'  proportion  or  (hare  thereof.  To 
each  furveyor  for  the  admeafurement  of  every 
fhip  or  veffel  of  one  hundred  tons  and  under, 
one  cent  per  ton  ;  for  the  admeafurement  of 
every  fhip  or  veffel,  above  one  hundred  tons, 
and  not  exceeding  two  hundred  tons,  one  hun- 
dred and  fifty  cents  ;  for  the  admeafurement 
of  every  fhip  or  veffel  above  two  hundred  tons, 


two  hundred  cents  ;  for  all  other  fervices  by 

meafurers,       .  .  r  r 

wei-hers     this  act  to  be  performed  by  men  iurveyor,  on 

*ers  8their     ^°ar(^  anY  ^P  °r  ve^e^  °f  one    hundred  tOllS 

and  upwards,  and  having  on  board  goods, 
wares  and  merchandize  fubjecl:  to  duty,  three 
dollars  ;  for  the  like  fervices  on  board  any  ihip 
or  veffcl  of  lefs  than  one  hundred  tons  bur- 
then, having  on  board  goods,  wares  and  mer- 
chandize fubjecb  to  duty,  one  and  an  half  dol- 
lar ;  on  all  vefTels  not  having  en  board  goods, 
wares  and  merchandize  iubjecl  to  duty,  two 
thirds  of  a  dollar  ;  all  which  fees  fhall  be  paid 
by  the  mailer  or  owner  of  the  fliip  or  veflel  in 
which  the  faid  fervices  (hall  be  performed,  to 
the  furveyor  by  whom  they  fhall  be  performed, 
if  performed  by  one  only  for  his  fole  benefit, 
but  if  performed  by  more  than  one,  to  him 
who  fhall  have  the  firfl  agency,  to  be  divided 
in  equal  parts  between  him  and  the  other  or 
others  by  whom  the  laid  fervices  fhall  be  per- 
formed. To  each  infpeftor  there  fhall  be  al- 
lowed for  every  day  he  mall  be  actually  em- 
ployed in  aid  of  the  cufloms,  a  fum  not  ex- 
ceeding one  dollar  and  twenty-five  cents,  to 
be  paid  by  the  collector  out  of  the  revenue, 
and  charged  to  the  United  States.  To  the 
meafurers,  weighers  and  guagers  refpeclively, 
to  be  paid  by  the  collector  out  of  the  revenue 
for  the  measurement  of  every  one  hundred 
bufhels  of  grain,  thirty  cents ;  for  the  meafure- 
ment  of  every  one  hundred  buihels  of  fait, 
forty  cents  ;  for  the  meafurement  of  every  one 
hundred  bufhels  of  coal,  fifty  cents  ;  for  the 
weighing  of  every  one  hundred  and  twelve 
pounds,  two  cents  ;  for  the  guaging  and  mar- 
king of  every  cafk  (to  be  marked  in  durable 
characlers  with  his  own  name  and  the  quan- 
tity) eight  cents  j  for  computing  the  contents 


r  229  ] 

of,  and  (if  requefted  by  the  party)  marking 
cafes  containing  diftilled  fpirits  and  wines, 
three  cents  per  cafe  ;  for  counting  the  number 
of  bottles  of  cyder,  beer,  ale  or  porter,  one 
cent  per  dozen  ;  and  in  proportion  for  any 
greater  or  lefs  quantity.  There  mall  moreover 
be  allowed  to  the  collectors  of  the  districts  of 
New- York  and  Philadelphia,  three  fourths  of 
one  per  centum  on 'the  amount  of  all  monies 
by  them  refpeclively  received  on  account  of 
duties ;  and  to  the  collector  of  each  of  the 
other  diitricts  by  this  act  eilablKlied,  one  per 
centum  on  the  amount  of  all  monies  by  them 
refpectively  received  on  the  faid  account  of 
duties. 

And  whereas  the  allowances  aforefaid  will 
not  afford  an  adequate  compenfation  to  the  of- 
ficers herein  after  mentioned,  by  reafon  of  the 
iinall  proportion  of  bufmefs  done  at  the  ports 
to  which  they  refpeclively  belong,  although 
the  faid  officers  are  neceifary  to  the  accomoda- 
tion  of  the  inhabitants,  the  facility  of  commerce, 
and  the  fecurity  of  the  revenue.  Therefore, 

Sec.  54.  Be  it  further  enaEled^  That  in  ad-  Special  a?, 
dition  to  the  fees  and  emoluments  which  fhall  revenue  of- 
accrue  to  the  faid  officers  from  the  provifions  flccr\  of 
aforefaid,  they  mall  feveraily  have  and  be  en-  ports'.0 
titled  to  the  refpective  allowances  following  ; 
to  wit :  The  collector  of  the  diftrifts  of  Saint 
Mary's  in  the  flate  of  Georgia,  Brunfwick, 
Beaufort,    South   Quay,    Cherryftone,   Folly 
Landing,  Annapolis,  Yeocomico,  SaintMary's, 
Oxford,  Sagg-Harbour,    PalTamaquocly,    the 
yearly  Aim  of  one  hundred  dollars  each.  The 
collectors  of  the  diftricts  of  Sunbury  and  Pe- 
nobfcot  in  MafTachufetts,  the  yearly  Aim  of 
fixty  dollars  each.    The  collectors  of  the.dif- 
•tricts    of  Hampton,   Snowhill,    Bridgetown, 


C    23°    ] 

Burlington,  Frenchman  VBay,andEdgartown, 
the  yearly  fum  of  fifty  dollars  each.  The  fur- 
veyors  of  the  ports  of  Frederickfburg,  Smith- 
field,  Port-Royal,  Suffolk,  Weil-Point,  Rich. 
mond,  Peterfourg  and  Little  Egg-Harbour,  the 
yearly  fum  of  eighty  dollars  each.  The  furvey- 
ors  of  the  ports  of  Swanfborough,  Urbanna, 
Town-Creek,  Albany,  Hudfon,  Stonington, 
Eaft-  Greenwich,  and  Gloucefler,  fifty  dollars 
each. 


nav; 
cers 
vevors  to 


Coi!e5to*s,       S£C'   55'  -And  be  it  further  cnaflcd,    That 
.-aloft-   every  collector,  naval-officer,  and   furveyor, 
,sors  "o~  fhall  caufe  to  be  affixed  and  conilantly  kept 
fct  up  table  jn  fome  public  and  confpicuous  place  of  his 
office,  a  fair  table  of  the  rates  of  fees  and  du- 
ties demandable  by  law,  and  fhall  give  a  re- 
ceipt for  the  fees  he  mall  receive,  fpecifying 
the  particulars  ;  and  in  cafe  of  failure  therein, 
mall  forfeit  and  pay  one  hundred  dollars,  to 
be  recovered  with  colls,  in  any  court  having 
cognizance  thereof,  to  the  ufe  of  the  inform* 
cr  ;  and  if  any  officer  of  the  cufloms  (hall  de- 
Pcnaky  for  maud  or  receive  any  greater  or  other  fee,  com- 
dcmanding  penfation  or  reward,  for  executing  any  duty 
other  fees/  or  fcrvice  required  of  him  by  law,  he  fhall 
forfeit  and  pay  two  hundred  dollars  for  each 
olFence,  recoverable  in  manner  aforefaid  for 
the  ufe  of  the  party  grieved. 

Rates  of          Sec.  56.  And  be  it  further  enacled^   That  .' 

cc!vin°r<r~  ^le  ^Ut*es  anc^  ^ees  to  k£  co^cc^eci  hy  virtue  of 
He*  &  fees."  this  ad,  (hall  be  payable  in  gold  or  lilver  coin, 
at  the  following  rates  ;  that  is  to  fay:  The  gold 
coins  of  France,  England,  Spain  and  Portu- 
gal, and  all  ether  gold  coins  of  equal  finenefs,  \ 
at  eighty-nine  cents  for  every  pennyweight  : 
The  Mexican  dollar  at  one  hundred  cents 
the  crown  of  France  at  one  dollar  and  elevei 
cents  ;  the  crown  of  England  at  one  dolla: 


L     «3«     3 

and  eleven  cents;  all  filver  coin  of  equal  fine* 
nels,  at  one  dollar  and  eleven  cents  per  ounce; 
and  cut  filver  of  equal  finenefs,  at  one  dollar 
and  fix  cents  per  ounce. 

Sec.  57.   And  be  it  further  entitled,  That  » 
al     iie  drawbacks  allowed  by  law  on  the  ex-  abl 
portation  of  goods,  wares  and  merchandize 
imported,  mall  be  paid  or  allowed  by  the  col- 

or  at  whofe  cfllce  the  laid  goods,  wares 
and  merchandize  were  originally  entered,  and 
not  otherwife,  retaining  one  per  centum  for 
the  benefit  of  the  United  States.  And  that  the 
;es  on  dried   and  pickled  fifh  of  the 
ies  of  the  United  States,  and  on  falted 
,-iiions  of  the  United  States,  fhall  be  paid 
by  the  collector  of  the  difirict  from  which  th^ 
fame  mall  be  exported,  without  any  deduc- 
tion or  abatement. 

Sec.  58.  Provided  always,  an d  be  it  further 
enacicd,  That  in  order  to  entitle  the  exporter 
or  exporters  of  any  goods,  wares  or  merchan- 
dize, to  the  benefit  of  the  faid  drawbacks  or 
allowances,  he  or  flie  fhall,  previous  to  put- 
ting or  lading  the  fame  on  board  of  any  fhip 
or  veflel  for  exportation,  give  twenty-four 
hours  notice  at  lead  to  the  collector  of  the  dif- 
trict  from  which  the  fame  are  about  to  be  ex- 
ported, of  his,  her  or  their  intention  to  export 
the  fame,  and  of  the  particulars  thereof,  and 
of  the  cafks,  cafes,  chefts,  boxes  and  other 
packages  or  parcels  containing  the  fame,  or 
of  which  the  fame  confift,  and  of  their  refpec- 
tive  marks,  numbers  and  contents,  and  if  im- 
ported articles,  of  the  (hip  or  mips,  veflel  or 
veflels  in  which  the  perfon  or  perfons  for  or  by 
whom,  and  the  place  or  places  from  which 
they  were  imported.  And  in  refpect  to  the 
faid  imported  article."  proof  fhall  be  made  t<* 


the  fatisfaction  of  the  faid  collector,  by  the 
oaths  of  the  perfon  or  perfons  (including  the 
Drawbacks  faid  exporter  or  exporters)  through  whofe 
a5cwed.C  nands  tne  fai'd  articles  fhall  have  pafled,  ac- 
cording to  the  bed  of  their  knowledge  and 
belief,  refpecting  the  due  importation  of  the 
faid  articles  according  to  law,  and  in  confor- 
mity to  fuch  notice  of  their  identity,  and  of 
the  payment  cr  fecuring  the  payment  of  the 
duties  thereupon.  And  in  refpecl  to  the  faid 
dried  and  pickled  fifh  and  faked  prbvifions, 
proof  ih all  be  made  to  the  fatisfaction  of  the 
faid  collector,  according  to  the  circumftances 
of  the  cafe,  that  the  fame,  if  fim,  are  of  the 
fimeries  of  the  United  States ;  if  falted  pro- 
vifions,  were  falted  within  the  United  State8. 
And  the  faid  collector  fhall  infpect  or  caufe  to 
be  infpccted,  the  goods,  wares  or  merchandize 
fo  notified  for  exportation ;  and  if  they  (hail 
be  found  to  correfpond  \vith  the  notice  and 
proof  concerning  the  fame,  the  faid  collector 
ihall  grant  a  permit  for  lading  the  fame  on 
board  the  ihip  or  veflel  named  in  fuch  notice, 
which  lading  ihall  be  performed  under  the  fu- 
perin tendance  of  the  officer  by  whom  the  fame 
ihall  have  been  fo  infpected.  And  the  faid  ex- 
porter or  exporters  (hall  alfo  make  oath  that 
the  faid  goods  fo  noticed  for  exportation,  and 
laden  on  board  the  faid  ihip  or  veiTel,  are  truly 
intended  to  be  exported  to  the  place  whereof 
notice  ihall  have  been  given,  and  are  not  in- 
tended to  be  relanded  within  the  United 
States;  and  mail  give  bond,  with  one  or  more 
fare-ties  to  the  faiisfaction  of  the  faid  collector, 
in  a  funi  equal  to  the  amount  of  the  draw- 
backs or  allowances  on  fuch  goods,  with  con- 
dition that  the  faid  goods,  or  any  part  there- 
of, ihall  not  be  relanded  in  any  port  or  place 


[  233     ] 

within  the  limits  of  the  United  States  as  fettled 
by  the  late  treaty  of  peace. 

And  provided  further,  That  the  faid  draw- 
backs or  allowances  fhall  not  be  paid  until  at 
lead  fix  months  after  the  exportation  of  the 
faid  goods,  and  until  the  faid  exporter  or  ex-  goods  en- 
porters  fhall  produce  to  the  collector  with  ^vbik, 
whom  fuch  outward  entry  is  made,  a  certifi-  how  to  be 
cate  in  writing  of  two  reputable  merchants  at  Prwved- 
the  foreign  port  or  place  in  which  the  fame 
were  landed,  together  with  the  oath  of  the 
matter  and  mate  of  the  veffel  in  which  they 
were  exported,  certifying  the  delivery  thereof. 
But  in  cafe  any  veffel  mall  be  caft  away,  or 
meet  with  fuch  unavoidable  accidents  as  to 
prevent  the  landing  fuch  goods,  a  proteft  in 
due  form  of  law,  made  by  the  matter  and  mate, 
or  fome  of  the  feamen,  or  in  cafe  no  fuch  pro- 
teft can  be  had,  then  the  oath  of  the  exporter 
or  exporters,  or  one  of  them,  (hall  be  re- 
ceived in  lieu  of  the  other  proofs  herein  di- 
rected, unlefs  there  mail  be  good  reafon  to 
fufpeft  the  truth  of  fuch  oath,  in  which  cafe 
it  mall  and  may  be  lawful  for  the  collector  to 
require  fuch  farther  proof  as  the  nature  of  the 
cafe  may  demand. 

Provided  Iqftly,  That  no  goods,  wares  or  No  draw. 
merchandize  imported,  fhall  be  entitled  to  a  ^uniS 
drawback  of  the  duties  paid  or  fecured  to  be  amounts  to 
paid  thereon,  unlefs  fuch  duties  fhall  amount 
to  twenty  dollars  at  leaft ;  nor  uniefs  they  fhall 
be  exported  in  the  fame  cafks,  cafes,  chefts, 
boxes  or  other  packages,  and  from  the  diftrid 
or  port  into  which  they  were  originally  im- 
ported. 

Sec.  59.  And  be  it  further  enabled,  That  the 
fums  allowed  to  be  paid  by  law  on  the  expor- 
tation of  dried  or  pickled  fifli,  aud  of  falted 

VOL,  I.  G  2 


C' 


nor  on 
pickled 
fifh,  &c. 
except  it 
amount  to 
three  dol- 
lars. 


Goods  en- 
titled to 

drawback 
or  allow- 
ance, to  be 
forfeited  if 
landed  af- 
ter entry 
made. 


may      <?;v 
further  etc 
r!it  on 
bond-;  in 
caies  of 
exporta- 
tion. 


-provisions,  {hall  not  be  paid  unlefs  the  fame 
fhall  amount  to  three  dollars  at  leaft  upon  one 

entry. 

Sec.  60.  And  be  it  further  enaffied,  That  if 
any  goods,  wares  or  merchandize,  entered  for 
exportation,  with  intent  to  draw  back  the  du- 
ties, or  to  obtain  any  allowance  given  by  law 
on  the  exportation  thereof,  ihall  be  landed  in 
any  port  or  place  within  the  limits  of  the 
United  States  as  aforefaid,  all  fuch  goods,, 
wares  and  merchandize,  mail  be  fubjeft  to< 
feizure  and  forfeiture,  together  with  the  {hip 
or  veflel  from  which  fuch  goods  mall  be  land- 
ed, and  the  veflels  or  boats  ufed  in  landing  the 
fame  ;  and  all  perfons  concerned  therein,  mall; 
on  indictment  and  conviction  thereof,  fuller 
imprifonment  for  a  term  not  exceeding  fix 
months.  And  for  difcovery  of  frauds,  and  fei- 
zure of  goods,  wares  and  merchandize,  re- 
landed  contrary  to  law,  the  feveral  officers 
eftablimed  by  this  aft,,  mall  have  the  fame 
powers,  and  in  cafe  of  feizure  the  fame  pro- 
ceedings fli all  be  had,  as  in  the  cafe  of  goods,, 
wares  and  merchandize  imported  contrary  to 
law :  And  for  meafuring,  weighing  or  gaug- 
ing goods  for  exportation,  the  fame  fees  {hall 
be  allowed  as  in  like  caies  upon  the  importa- 
tion thereof* 

Sec.  61.  And  be  it  fur  tier  enabled,  That  if 
any  goods,  the  duties  upon  which  mall  have 
been  fecured  by  bond,  mall  be  re-exported 
by  the  importer  or  importers  thereof,  and  if 
the  faid  bond  mall  become  due  before  the  ex- 
piration-of  the  time  herein  before  limited  for 
payment  of  the  drawback  upon  fuch  goods,, 
it  ihall  be  lawful  for  the  collector  of  the  dif- 
trict  from  which  the  faid  goods  (hall  have 
been  exported,  to  give  farther  credit  for  fa 


L     2J:>     J 

much  of  the  fum  due  upon  fuch  bond,  as  fliall 
be  equal  to  the  amount  of  the  faid  drawback, 
•until  the  expiration  of  the  faid  time  limited 
for  payment  thereof. 

And  the  better  to  fecure  the  collection  of 
the  laid  duties, 

Sec.  62.   Be  it  further  cnaclcd^    That  the  Prcru]ent  ' 
Prcfident  of  the  United   States  be  empower-  ™y  order 
td  to  caufe  to  be  built  and  equipped,  fo  ma-  ^""uiij.0 
ny  boats  or  cutters,   not  exceeding  ten,   %$ 
.may  be  neceffary  lo  be  employed  for  the  pro- 
tection  of  the  revenue,  the  expenfe  whereof 
mall  not  exceed  ten  thoufand  dollars,  which 
ihall  be  paid  out  of  the  product  of  the  duties 
en  goods,  wares  and  merchandize,  imported 
into  the  United  States,  and   on  the  tonnage 
of  mips  or  veffels.. 

Sec.  63.   And  be  it  further  enaficd,   That  Howtobe 
there  mail  be  to  each  of  the  faid  boats  or  cut-  oiTK-crcd& 
ters,   one  matter,  and  not   more  than  three  mu"ned- 
mates,  firft,  fecond,  and  third,  four  manners 
and  two   boys ;  and   that   the  compenfations 
and  allowances  to  the  faid  oincers,  mariners 
and  boys  refpectively,  (hall  be,  to  the  matter 
thirty  dollars  per  month,  and  the  fubfiftence  tc 
of  a  captain  in  the  army  of  the  United  States ; 
to  a  firft  mate  twenty  dollars  per  month,  to  a 
fecond  mate  fixteen  dollars  per  month,  to  a 
third  mate  fourteen  dollars  per  month,  and  to 
-every  mate  the  fubfiftence  of  a  lieutenant,  in 
the  laid  army  ;  to  each  mariner  eight  dollars 
per  month,  to  each  boy  four  dollars  per  month ; 
and  to  each  mariner  and  boy  the  fame  ration 
of  provifions  which  is  or  mall  be  allowed  to  a 
foldier  in  the  faid  army.  The  faid  allowances 
for  fubfiftence  to  be  paid  in  provifions  or  mo 


ney  at  the  contract  prices,  at  the  option  of  the 
Secretary  of  the  Trcafury. 

and  to  be  ^ec.  ^4'  And  be  It  further  enacled,  That  the 
appointed  officers  of  the  faid  boats  or  cutters,  mall  be 
Pre"  appointed  by  the  Prefident  of  the  United  States, 
and  fhall  refpeclively  be  deemed  officers  of  the 
Thcirduty,  cufloms,  and  mall  have  power  and  authority 
to  go  on  board  of  every  fhip  or  vefiel  which 
fhall  arrive  within  the  United  States,  or  with- 
in four  leagues  of  the  coaft  thereof,  if  bound 
for  the  United  States,  and  to  fearch  and  ex- 
amine the  fame  and  every  part  thereof,  and  to 
demand,  receive  and  certify  the  mamfefls 
herein  before  required  to  be  on  board  of  cer- 
tain fhips  or  veflels,  and  to  affix  and  put  pro* 
per  faflenings  on  the  hatches  and  other  com- 
munications with  the  holds  of  fhips  or  velTels, 
and  to  remain  on  board  the  faid  fhips  or  vef- 
fels  until  they  arrive  at  their  places  of  detona- 
tion. 

Sec.  65.  And  be  it  further  enafted^  That  the 

Collectors    colleclors  of  the  refpe6live  dillri&s  may,  with 

pTiy  row"    the  approbation  of  the  Secretary  of  the  Trea- 

boats.        fury,  provide  and  employ  fuch  fmall  open  row 

and  fail  boats  in  each  diftrict,  together  with 

the  requifite  number  of  perfons  to  ferve  in 

them,  as  fhall  be  neceflary  for  the  ufe  of  the 

furveyors  and  infpe&ors  in  going  on  board  of 

fhips  and  yefiels  and  otherwife,  for  the  better 

detection   of  frauds  ;  the  expenfe   of  which 

mall  be  defrayed  out  of  the  product  of  duties. 

Sec.  66.  And  be  it  further  enafted*  That  if 
any  officer  of  the  cuftorns  mall  direclly  or  in- 
directly take  or  receive  any  bribe,  reward  or 
recompenie  for  conniving,  or  (hall  connive  at 
»Ue°  any  falfe  entry  of  any  fhip  or  veilel,  or  of  any 
goods,  wares  or  merchandize,  and  fhall  be 


rT 


ccntry 


C    237    ] 

thereof  convicted,  every  fuch  officer  (hall  for- 
'  feit  and  pay  a  fum  not  lefs  than  two  hundred, 
nor  more  than  two  thoufand  dollars  for  each 
offence ;  and  any  perfon  giving  or  offering 
any  bribe,  recompenfe  or  reward  for  any  fuch 
deception,  collunon  or  fraud,  (hall  forfeit  and 
pay  a  fum  not  lefs  than  two  hundred,  nor  more 
than  two  thoufand  dollars  for  each  offence. 
And  in  all  cafes  where  an  oath  is  by  this  aft  Otl  maacrs 
required  from  a  mailer  or  other  perfon  having  ofveifcisor 

,       r       n  .  rri  r  others  \\  ho 

command  or  a  ihip  or  veiiel,  or  from  an  owner 
or  confignee  of  goods,  wares  and  merchandize, 
his  or  her  factor  or  agent,  if  the  perfon  fo 
fwearing  mail  fvvear  falily,  fuch  perfon  fhall, 
on  indictment  and  conviction  thereof,  be  pu- 
riiihed  by  fine  or  imprisonment,  or  both,  in 
the  difcretion  of  the  court  before  whom  the 
conviclion  fhall  be  had,  fo  as  the  fine  ihall  not 
exceed  one  thoufand  dollars,  and  the  term  of 
imprifonment  mail  not  exceed  twelve  months. 

Sec.  67.  And  be  it  further  cnaftcd,  That  all  Mode  of 
penalties  accruing  by  any  breach  of  this  act,  ^Trc 
ihall  be  iued  for  and  recovered  with  cods  of  5»g 
fuit,  in  the  name  of  the  United  States  of  Ameri- 
ca,  in  any  court  proper  to  try  the  fame,  and 
the  trial  of  any  fact  which  may  be  put  in  if- 
fue,  mail  be  within  the  judicial  diftrict  in  which 
any  fuch  penalty  fliall  have  accrued,  and  the 
collector,  within  whofe  diflrict  the  feizure  (hall 
be  made,  is  hereby  authorized  and  directed  to 
caufe  fuits  for  the  fame  to  be  commenced  and 
profecuted  to  effect,  and  to  receive,  diftribute 
and  pay  the  fum  or  fums  recovered,  after  firft 
deducting  all  neceffary  cofls  and  charges,  ac- 
cording to  law.  And  that  all  ihips  or  veffels, 
goods,  wares  or  merchandize,  which  fhall  be- 
come forfeited  by  virtue  of  tl^is  act,  fhall  be 
feizecl,  libelled  and  profecuted  as  aforefaid,  in 


o 

iettures. 


[     =38     ] 

Mode  of  tne  PraPer  court  having  cognizance  thereof ; 
profccuting  which  court  fhall  caufe  fourteen  days  notice 
f-lcCcnSi-  to  be  given  of fuch  fcizure  and  libel,  by  cau- 
&  for-  fing  the  fub fiance  of  fuch  libel,  with  the  order 
of  the  court  thereon,  fetting  forth  the  time 
and  place  appointed  for  trial,  to  be  infer  ted  in 
feme  newfpaper,  publifhed  near  the  place  of 
feizure,  and  alfo  by  potting  up  the  fame  in  the 
mo  ft  public  manner  for  the  fpace  of  four- 
teen days 5  at  or  near  the  place  of  trial,  for 
which  advertifement  a  fum  not  exceeding  ten 
•dollars  {hall  be  paid  ;  and  proclamation  {hall 
be  made  in  fuch  manner  as  the  court  fhall  di- 
rect ;  and  if  no  perfon  mail  appear  to  claim 
fuch  {Lip  or  vetfel,  goods,  wares  or  merchan- 
dize, the  fame  mall  be  adjudged  to  be  forfei- 
ted ;  but  if  any  perfon  fhall  appear  before  fuch 
judgment  of  forfeiture,  and  claim  any  fuch 
ftiip  or  veflel,  goods,  wares  or  merchandize, 
and  mall  give  bond  to  defend  the  profecution 
thereof,  and  to  refpond  the  coil  in  cafe  he  mall 
not  fupport  his  claim,  the  court  fhall  proceed 
to  hear  and  determine  the  caufe  according  to 
law  :  And  upon  the  prayer  of  any  claimant 
to  the  court,  that  any  {hip  or  vefTel,  goods, 
wares  or  merchandize  fo  feized  and  profecu- 
fed,  or  any  part  thereof  mould  be  delivered 
to  fuch  claimant,  it  fhall  be  lawful  for  the 
court  to  appoint  three  proper  perfons  to  ap- 
praife  fuch  {hip  or  veffe],  goods,  wares  or  mer- 
chandize, who  fhall  be  fworn  in  open  court 
for  the  faithful  difcharge  of  their  duty  ;  and 
fuch  appraifement  fhall  be  made  at  the  expence 
of  the  party  on  whofe  prayer  it  is  granted  ; 
r.nd  on  the  return  of  fuch  appraifcment,  if  the 
cbimant  fhall,  with  one  or  more  fureties,  to 
be  approved  of  by  the  court,  execute  a  bond 
in  the  ufual  forip,  to  the  United  States,  for 


fhe  payment  of  a  fum,  equal  to  the  fum  at  ,f  T  r 
which  the  fhip  or  veilel,  goods,  wares  or  mcr-  Pr«fecuting 
chandize,  fo  prayed  to  be  delivered,  be  ap-  */"°a"~ 
praifed,  the  court  (hall  by  rule,  order  fuch  tfesTfor- 
ihip  or  veffel,  goods,  wares  or  merchandize,  ie;tures* 
to  be  delivered  to  the  faid  claimant,  and  the 
faid  bond  (hall  be  lodged  with  the  proper  of- 
ficer of  the  court ;  and  if  judgment  (hall  pafs 
in  favor  of  the  claimant,  the  court  ihall  caufe 
the  laid  bond  to  be  cancelled  ;  but  if  judg- 
ment mall  pafs  againft  the  claimant,  as  to  the 
whole  or  any  part  of  fuch  fhip  or  veiTel,  goods, 
wares  or  merchandize,  and  the  claimant  fhall 
not  within  twenty  days  thereafter,  pay  into 
the  court  the  amount  of  the  appraifed  value  of 
fuch  fhip  or  veffel,  goods,  wares  or  merchan- 
dize fo  condemned,  with  the  cofls,<the  bond 
Ihall  be  put  in  fuit.  And  when,  any  profecu- 
tion  Ihall  be  commenced  on  account  of  the 
feizure  of  any  fhip  or  veffel,  goods, 'wares  or 
merchandize,  and  judgment  fhall  be  given  for 
the  claimant  or  claimants  ;  if  it  mall  appear  to 
the  court  before  whom  fuch  profecution  fhall 
be  tried,  that  there  was  a  reafonable  caufe  of 
feizure,  the  fame  court  fhall  caufe  a  proper 
certificate  or  entry  to  be  made  thereof,  and  in. 
fuch  cafe  the  claimant  fhall  not  be  entitled  to 
cofls,  nor  (hall  the  per  Ion  who  made  the  fei- 
zure, or  the  profecutor  be  liable  to  action,  fuk 
or  judgment,  on  account  of  fuch  feizure  or 
profecution.  Provided,  That  the  fhip  or  vef- 
iel,  goods,  wares  or  merchandize,  be  after 
judgment,  forthwith  returned  to  fuch  claimant 
or  claimants,  his,  her  or  their  agents  :  And 
provided,  That  no  action  or  profecution  (hall 
be  maintained  in  any  cafe  under  this  acl,  un- 
lefs  the  fame  fhail  have  been  commenced,  with* 


in  three  years  next  after  the  penalty  or  for- 
feiture was  incurred. 

Sec.  68.  And  be  it  further  enacted,  That  all 
{hips,  vefTels,  poods,  wares   or  merchandize, 

goods  con-        i  •    *      n      n    i  11  •  r      i  • 

demned,     which  ihall  be  condemned  by  virtue  of  this 

foil  £°  b°   a(^3  ^a11  be  fold  b^  the  Pr°Per  officer  of  the 
court  in  which  fuch  condemnation   fhall  be 

had,  to  the  higheft  bidder  at  public  auction, 
by  order  of  fuch  court,  and  at  fuch  place  as 
the  court  may  appoint,  giving  at  lead  fifteen 
days  notice  (except  in  cafe  of  perifnable  goods) 
in  one  or  more  of  the  public  newfpapers  of 
the  place  where  fuch  fale  (hall  be,  or  if  no  pa- 
per is  publimed  in  fuch  place,  in  one  or  more 
of  the  papers  publimed  in  the  nearer!  place 
thereto,  for  which  advert  fing  a  fum  not  ex- 
ceeding five  dollars  fhall  be  paid. 

Sec.  69.  And  be  it  further  enacted,  That  all 
pe-  penalties,  fines  and  forfeitures,  recovered  by 
naities «  virtue  of  this  act,  (and  not  otherwife  appro- 
'  priated)  fhall,  after  deducting  all  proper  cofts 
and  charges,  be  difpofed  of  as  follows :  One 
moiety  mall  be  for  the  ufe  of  the  United 
States,  and  paid  into  the  treafury  thereof;  the 
other  moiety  mail  be  divided  into  equal  parts, 
and  paid  to  the  collector  and  naval-officer  of 
the  diftridt,  and  furveyor  of  the  port  wherein 
the  fame  mall  have  been  incurred,  or  to  fuch 
of  the  faid  officers  as  there  may  be  in  the  faid 
diftnft;  and  in  diflricts  \vhere  only  one  of  the 
aforefaid  officers  fhall  have  been  eftablifhed, 
the  faid  moiety  fhall  be  given  to  fuch  officer  : 
Provided  neverthelefs,  That  in  all  cafes  where 
fuch  penalties,  fines  and  forfeitures  fliall  be 
recovered  in  purfuance  of  information  given 
to  fuch  collector,  by  any  perfon  other  than  the 
naval-officer  or  furveyor  of  the  diflrict,  the  one 
half  of  fuch  moiety  fliall  be  given  to  the  ia- 


t 

and  the  remainder  thereof  {ball  ,be 
difpdfed  of  between  the  collector,  naval-offi- 
cer and  furveyor  or  furveyors,  in  manner 
aforcfaid. 

Sec.  76;   And  be  it  further  endRed*  That  Dutiable 

J      ,          ,.  r    r         •          goods  of  fa- 

no  goods,  wares  or  merchandize  of  foreign  re^n 
growth  or  manufacture,  fubjeft  to  the  pay-  g™«'th  or 

,,  .  I-/     mariufac- 

ment   of  duties,    mail  be  brought   into   the  ture 
United  States  from  anv  foreign  port  or  place  Brought  in- 

&       r  .   r  to  the  Uni- 

in  any  other  manner  than  by  lea,  nor  in  any  ted  states, 


Ihip  or  veflel  of  lefs  than  thirty  tons  burthen,  ««*'  l:X 

.,.  .  ,-n--,         r'r          •/••!!  lca»  And  m 

except  within  the  dittnci  or  Lotnlville,  nor  certain  vef- 
lhail  be  landed  or  unladen  at  any  other  place  !^»  /j1^  ' 
than  is  by  this  a  61  directed,  under  the  penalty 
of  feizure  and  forfeiture  of  all  fuch  veffels, 
and  of  the  goods,  wares  or  merchandize 
brought  in,  landed  or  unladen,  in  any  other 
manner.  And  all  goods,  wares  and  merchan- 
dize brought  into  the  United  Slates  by  land,' 
contrary  to  this  acl,  (hall  be  forfeited.,  toge- 
ther with  the  carriages,  ho'rfes  and  oxen  that 
mall  be  employed  in  conveying  the  fame  ; 
provided  nothing  herein  mail  be  confirued  to 
extend  to  houfehold  furniture  and  cloathing, 
belonging  to  any  perfon  or  peiTons  actually 
removing  into  anv  part  of  the  United  States,' 
for  the  purpofe  of  becoming  an  inhabitant  or 
inhabitants  thereof. 

Sec.  71.  And  be  it  further  emitted.  That  collec 
all  matters  by  this  aft  direftcd  to  be  done  to 
or  by  the  collector  o'f  a  diflfift,  ihall  and  may 
be  done  to  and  by  the  perfon  who  in  the  cafes 
Ipeeined  in  this  act  is  or  may  be  authorized  to 
act  in  the  place  or  (lead  of  the  laid  collector. 

_  Sec.  72.  And  Ic  it  further  enacted  ,  That  Affirm.  .- 
wherever  an  oath  is  required  by  this  acl:,  per-  t!^""^_" 
fons  confeientioufly  fcrupulous  iliall  be  per- 

initted  to  affirm. 

VOL.  L  TI  t 


Sec.  73.  And  be  it  further  evaded,  That: 

bound  to        ,  4J  •£       . 

foreign       the   maiter  or  perlon  having  tee  charge  or 
ports  to      command  of  a  iliip  or  vefTel  bound  to  a  fo- 

delivrer  mr.-        .  t  n     n     i    i*  i 

nifHtsof     reign  port  or  place,  mall  deliver  to  the  col- 
thdr  car-    Iqgtpr  of  the  ciimcl  from  which  fuch  fhip  or 
veffel  mall  be  about  to  depart,  a  manifeft  of 
the  cargo-  on  board  the  fame,  and  mall  make 
oath  or  affirmation  to  the  truth  thereof,  where- 
)  upon  the  faid  collector  (hall  grant  a  clearance 

far  the  faid  ihip  or  veifel,  and  her  cargo,  but 
without  fpecifying  the  particulars  thereof,  un- 
lefs  required  by  the  faid  mafter  or  perfon  hav- 
for  ing  faid  charge  or  command.  And  if  any  fnip 
e1!   or  veffel  bound  to  a  foreign  port  or  place,  mail 
depart  on  her  voyage  to  fuch  foreign  port  or 
place  without  fuch  clearance,  the  faid  mafter 
or  perfon  having  the  faid  charge  or  command, 
mall  forfeit  and  pay  the  fum  of  two  hundred 
dollars  for  fuch  offence. 
Former  a*as      Sec.   74.  And  be  it  further  cnafted.   That 
repealed.     ^  the  firft  ^  Q{  Qftober  next,  the  aft, 

intituled,  "  An  acl:  to  regulate  the  collection 
of  the  duties  impofed  by  law  on  the  tonnage 
of  mips  or  veffels,  and  on  goods,  wares  and 
merchandizes  imported  intotheUnitedStar.es," 
and  alfo  all  other  acts  or  parts  of  acls  coming 
within  the  purview  of  this  a£t,  fhall  be  repeal- 
Exceptions,  ed,  and  thenceforth  ceafe  to  operate,  except 
as  to  the  continuance  of  the  officers  appointed 
in  purfuance  of  the  faid  act ;  except  alfo  as  to 
the  recovery  and  receipt  of  fuch  duties  on 
goods,  wares  and  merchandize,  and  on  the 
tonnage  of  mips  or  veffels,  as  fhall  have  ac- 
crued, and  as  to  the  payment  of  drawbacks 
and  allowances  in  lieu  thereof,  upon  the  ex- 
portation of  goods,  wares  or  merchandize 
which  fhall  have  been  imported,  and  as  to  the 
recovery  and  diftributiou  of  fines,  penalties 


[      243      ] 

and  forfeitures  \yhich  fhall  have  been  incurred 
before  or  upon  the  faid  day,  fubjecl  neverthe- 
lefs  to  the  alterations  contained  and  exprefled 
in  this  prefent  a£L 

And  whereas  by  the  aft,  iixituled,  "  An 
aft. to  regulate  the  collection  of  the  duties  im- 
pofed  by  law  on  the  tonnage  of  (hips  or  vef- 
fels,  and  on  goods,  wares  and  merchandizes 
imported  into  the  United  States,"  it  was  de- 
clared that  the  ruble  of  Ruflia  (hould  be  rated 
at  one  hundred  cents,  and  by  the  act,  intitu- 
led, "  An  aft  to  explain  and  amend  an  aft, 
intituled,  "  An  aft  for  regiftering  and  clear- 
ing veffels,  regulating  the  coafting  trade,  and 
for  other  purpofes,".  that  part  of  the  faid  firft 
mentioned  aft  which  fo  rated  the  ruble  of 
Ruflia  was  repealed  and  made  null  and  void. 
And  whereas  it  is  doubted  whether  the  faid 
repeal  can  operate  with  refpeft  to  duties  in- 
curred prior  thereto,  as  was  intended  by  Con- 
grefs : 

Sec.  75.  Therefore  be  it  enabled  and  declared, 
That  the  faid  repeal  fhall  be  deemed  to  ope- 
rate in  refpeft  to  all  duties  which  may  have 
arifen  or  accrued  prior  thereto. 

FREDERICK  AUGUSTUS  MUHLENBERC, 

Speaker  of  the  Houfe  of  Reprefentati-ves. 
JOHN  ADAMS,  Vice-Prefident  of  the  United 

States,  and  Prejldent  of  the  Senate. 
APPROVED,  Auguft  the  fourth,    1790: 
GEORGE  WASHINGTON, 
Prefident  of  the  United  States. 


[     244     ] 
C  II  A  ?  T  E  R     XXXVI. 

n  Acl  to  continue  in  Force  for  a  limited  Th 
an  Ad,  intituled,   "  An  Acl  for  the  tempo- 
rary Fjuibtifrment  of  tie  Pcfi-Gjf.ce" 

(EXPIRED.) 


C  II  A  P  T  E  R     XXXVII. 

An  Ad  for  the  Relief  of  John  Stewart  and 
John  David/on. 

(PRIVATE.  ) 


CHAPTER     XXXVIII. 

An  Acl  to  provide  more  effectually  for  the  Set- 
tlement of  the  Accounts  between  the  United 
States  and  the  individual  States. 

Sec.  i.  "¥5  E  /'/  enacted  by  the  Senate  and 
Jj  Houfe  of  Reprefentativcs  of  the 
United  States  of  America  in  Congrefs  affemblcd, 
Board  of  3  That  a  board,  to  confiil  of  three  commiflion- 
ers>  be>  and  IlerebY  is  eilablifhed  to  fettle  the 
accounts  between  the  United  States,  and  the 
individual  ftates  ;  and  the  determination  of  a 
majority  of  the  faidcommiiFioners  onthe  claims 
fubmitted  to  them,  (hall  be  final  and  conclu- 
five  ;  and  they  mail  have  power  to  employ 
fuch  number  of  clerks  as  they  may  find  ne- 
cefTary. 

Sec.  2.  And  be  it  further  enacted ,  That  the 
(aid  commiflioners  (hall  rcfpectively  take  an 


[     =45     ] 

oath  or  affirmation  before  the  chief  juftice  of  who  are  t 
the  United  States,  or  one  of  the  afibciate  or  | 
diflriQ:  judges  that  they  will  faithfully  and  im- 
partially execute  the  duties  of  their  office.  And 
they  mail  each  of  them  be  entitled  to  receive 
at  the  rate  of  two  thoufand  two  hundred  and  their  faia- 
jifty  dollars  per  annum,  payable  quarter  year-  ry* 
ly  at  the  treafury  of  the  United  States,  for  their 
refpective  fervices. 

Sec.  3.  And  be  it  further  cnacicd,  That  it  Mode  of 
ihiili  be  the  duty  of  the  faid  commiffioners  to  procedure 
receive  and  examine  all  claims  which  ihall  be  ;njr  claims, 
exhibited  to  them  before  the  firfl  day  of  July, 
one  thoufand  feven  hundred  and  ninety-one, 
and  to  determine  on  all  fuch  as  fhall  have  ac- 
crued for  the  general  or  particular  defence  du- 
ring the  war,  and  on  the  evidence  thereof,  ac- 
cording to  the  principles  of  general  equity 
(although  fuch  claims  may  not  be  fan&ioned 
by  the  refolves  of  Congrefs,  or  fupported  by 
regular  vouchers)  fo  as  to  provide  for  the  final 
fettlement  of  all  accounts  between  the  United 
States  and  the  flates  individually  ;  but  no  evi- 
dence of  a  claim  heretofore  admitted  by  a  ccm- 
miflioncr  of  the  United  States  for  any  flate  or 
diflri6l,  mall  be  fubjeft  to  fuch  examination  ; 
nor  mall  the  claim  of  any  citizen  be  admitted 
as  a  charge  againfl  the  United  States  in  the 
account  of  any  flate,  unlefs  the  fame  was  al- 
lowed by  fuch  flate  before  the  twenty-fourth 
day  of  September,  one  thoufand  feven  hundred 
and  eighty-eight. 

Sec.  4.  And  be  it  further  enafted,  That  it  TO  Hqui, 
fhall  be  the  duty  of  the  faid  commiffioners  to  ^**\^ . 
examine  and  liquidate  to  fpecie  value,  on  prin-  credit  sand 
ciples  of  equity,  the  credits  and  debits  of  the 
flates  already  on  the  books  of  the  treafury  for 


bills  of  credit  fubfequent  to  the  eighteenth  of 
March,  one  thoufand  feven  hundred  and  eighty. 

Sec.  5.  And  be  it  further  enaclcd,  That  the 
commifiioners  fliall  debit  each  flate  with  all 
o?  ail  the  advances  which  have  been,  or  may  be  made 
to  ^  by  t^le  United  States,  and  with  the  inter- 
ed  thereon  to  the  lad  day  of  the  year  one  thou- 
fand  feven  hundred  and  eighty-nine,  and  fliall 
credit  each  Hate  for  its  difburfements  and  ad- 
vances on  the  principles  contained  in  the  third 
ieclion  of  this  aft,  with  intereft  to  the  day  nfore- 
faid,  and  having  (truck  the  balance  due  to  each 
date,  fliall  find  the  aggregate  of  all  the  ba- 
lances, which  aggregate  mail  be  apportioned  be- 
tween the  dates  agreeably  to  the  rule  herein 
after  given  ;  and  the  difference  between  fuch 
apportionments,  and  the  refpeftive  balances, 
fliall  be  carried  in  a  new  account  to  the  debit 
or  credit  of  the  dates  refpeftively,  as  the  cafe 
may  be. 

,       Sec.  6.  And  be  it  further  emitted-^  That  the 

The  rule  o.  ..in  i 

apportion-  rule  for  apportioning  to  the  dates  the  aggre- 
ineat.  gate  Of  the  balances  fird  abovementioned,  fhall 
be  the  fame  that  is  prefcribed  by  the  condi- 
tutiori  of  the  United  States,  for  the  apportion- 
ment of  reprefentation  and  direft  taxes,  and 
according  to  the  fird  enumeration  which  ihall 
be  made. 

Creditor  ^ec-  7»  And  be  it  further  enacled,  That  the 
dates  who  mall  have  balances  placed  to  their 
-credit  on  the  books  of  the  treafury  of  the  Uni- 

funded.  ted  States,  fhall  within  twelve  months  after 
the  lame  fhall  have  been  fo  credited,  be  enti- 
tled to  have  the  fame  funded  upon  the  fame 
terms  with  the  other  part  of  the  dornedic  debt 
of  the  United  States  ;  but  the  balances  fo  cre- 
dited to  any  date  mail  not  be  transferable* 


£ 

Soc.  8.  And  be  it  further  enacted^  That  the  3;,;ar;.,cf 
clerks  employed,  cr   to  be  employed  by   the  "^  c'r 
laid  commifiioners,  fliall  receive   like  i'alariecj 
£s  clerks  employed  in  the  treafury  department. 

Sec.  9.  And  be  it  further  emitted,  That  tlie  Coutum- 
powers  of  the  faid  commifiioners  (hail  continue  :i!KT  "1.1.r1ic 

J7  COM!*- 

until  the  ftrft  day  of  July,  one  thpufartd  fevcn  oners' 
hundred  and  ninety-two,  unlefs   the  buiincis  er*' 
mail  be  iboner  atccompliihed. 

FREDERICK  AUGUSTUS  MUHLENBERC;, 

Speaker  of  the  Houfe  of  Rcprefcnijl. •'. 
JOHN  ADAMS,  Vicc-Prefidcnt  of  the  United 

States,  and  Prcfidcnt  of  the  Senate. 
APPROVED,  Aug^fl  the  fifth,  1790: 

GEORGE  WASHINGTON, 

Prejtdent  of  the  United  States. 


CHAPTER 

An  Acl  making  further  Provifion  for  the  Pay- 
ment of  the  Debts  of  the  United  States. 

WHEREAS,  by  an  aft,  intituled,  "  An 
aft  for  laying  a  duty  on  goods,  wares 
and  merchandizes  imported  into  the  United 
States,"  divers  duties  were  laid  on  goods, 
wares  and  merchandize  fo  imported,  for  the 
difcharge  of  the  debts  of  the  United  States, 
and  the  encouragement  and  protection  of  ma- 
nufactures :  And  whereas  the  fupport  of  go- 
vernment and  the  difcharge  of  the  faid  debts, 
render  it  neceffary  to  encreafe  the  faid  duties  :- 


C   248 

Sec.  i  .  Be  it  cnattcd  by  the  Senate  and  Houfe 
teMfte  3ift  of  Reprefentatives  of  the  United  States  of  Amc- 
cf  Dec.  next  r'ica  'm  Con?rcfs  affciiiblccL  That  from  and 

the  prefent        .,  ,        in/  r    -r^-i  11 

duties  on     alter  the  lait  day  or  December  next,  the  du- 
certamfpe-  tjes  fpecified  and  laid  in  and  by  the  acl  afore- 

cined  arti-         .       r  J 

ckstoceafe  laid,  mall  ceaie  and  determine  ;  and  that  up- 
&  other  du-  on  au  rr00(is    wares  and  merchandize   (not 

ties    impo-  •        ^          •        i       i  IN        i  •    i         r  i 

fed  in  lieu  herein  particularly  excepted)  which  after  the 


brought  into  the  United  States,  • 
from  any  foreign  port  or  place,  there  fhall  be 
levied,  collected  and  paid  the  feveral  and  re- 
fpeclive  duties  following,  that  is  to  fay  :  Ma- 
deira wine  of  the  quality  of  London  particu- 
lar, per  gallon,  thirty-five  cents  ;  other  Ma- 
deira wine,  per  gallon,  thirty  cents  ;  Sherry 
wine,  per  gallon,  twenty-five  cents  ;  other 
wines,  per  gallon,  twenty  cents  ;  diililled  fpi- 
rits,  if  more  than  ten  per  cent,  below  proof, 
according  to  Dycas's  hydrometer,  per  gallon, 
twelve  cents  ;  if  more  than  five,  and  not  more 
than  ten  per  cent,  below  proof,  according  to 
the  fame  hydrometer,  per  gallon,  t-.velve  and 
an  half  cents  ;  if  of  proof,  and  not  more  than 
five  per  cent,  below  proof,  according  to  the 
fame  hydrometer,  per  gallon,  thirteen  cents  ; 
if  above  proof,  but  not  exceeding  twenty  per 
cent,  according  to  the  fame  hydrometer,  per 
gallon,  fifteen  cents  ;  if  of  more  than  twenty, 
and  not  more  than  forty  per  cent,  above 
proof,  according  to  the  fame  hydrometer,  per 
gallon,  twenty  cents  ;  if  of  more  than  forty  per 
cent,  above  proof,  according  to  the  fame  hy- 
drometer>  per  gallon,  twenty-five  cents  ;  mo- 
lailes,  per  gallon,  three  cents  ;  beer,  ale  and 
porter  in  caiks,  per  gallon,  five  cents;  beer,  ale 
and  porter  in  bottles,  per  dozen,  twenty  cents  : 
Teas  from  China  and  India,  in  fhips  or  velfels  of 
the  United  States,  boheaper  pound,  ten  cents  , 


t     249     ] 

fouchong  and  other  black  teas,  per  'pound,  From  &  ^ 
Eighteen  cents  ;  hyfon,  per  pound,  thirty-two  tcr  th-  3*ft 
cents :   other  green  teas,  per  pound,  twenty  °£f  prefent 
cents  ;  Teas  from  Europe,  in  fliips  or  veffels  dutle?  on 
of  the  United  States,  bohea  per  pound,  twelve  SSftfe" 
cents;    fouchong  and  other  black  teas,  per  ckstoceafe 
pound,  twenty-one  cents  ;  hyfon,  per  pound,  duties°htt* 
forty  cents;  other  green  teas,  per  pound,  twen-  p°fed  ia 
ty-four  cents  :  Teas  from  any  other  place,  or 
m  any  other  fhips  or  vefiels,  bohea  per  pound, 
fifteen  cents ;  fouchong  and  other  black  teas 
per  pound,   twenty- feven   cents ;    hyfon   per 
pound,  fifty  cents ;  other  green  teas  per  pound, 
thirty  cents;  coffee  per  pound,  four  cents;  co- 
coa per  pound,  one  cent;  loaf  fugar  per  pound, 
five  cents ;  brown  fugar  per  pound,  one  and 
an  half  cent ;  other  fugar  per  pound,  two  and 
an  half  cents  ;  candles  of  tallow  per  pound, 
two  cents  ;  candles  of  wax  or  fpermaceti  per 
pound,   fix   cents  ;   cheefe  per  pound,  four 
cents ;  foap  per  pound,  two  cents  ;  pepper  per 
pound,  fix   cents ;    pimento  per  pound,  four 
cents ;    manufactured  tobacco  per  pound,  fix: 
cents  ;  fnuff  per  pound,  ten  cents ;  indigo  per 
pound,  twenty-five  cents ;  cotton  per  pound, 
three  cents  ;  nails  and  fpikes  per  pound,  one 
cent  ;    barr  and  other  lead  per   pound,   one 
cent ;  fteel  unwrought  per  one  hundred  and 
twelve  pounds,  feventy-five  cents  ;  hemp  per 
one   hundred  and  twelve  pounds,   fifty-four 
cents  ;   cables   per  one   hundred  and  twelve 
pounds,  one  hundred  cents  ;    tarred  cordage 
per  one  hundred  and  twelve  pounds,  one  hun- 
dred  cents ;  untarred  cordage  and  yarn   per 
one  hundred  and  twelve  pounds,  one  hundred 
and  fifty  cents  ;    twine  and  pack  thread  per 
one  hundred  and  twelve  pounds,  three  hun- 
drerd  cents ;  fait  per  bufhel,  twelve  cents  j  malt 
VOL.  I.  I  2 


I   250   ] 

per  bu fuel,  ten  cents ;  coal   per  bufliel,  three 
Cents  j  boots  per  pair,  fifty  ^ents ;  (hoes,  flip- 
pers and  golofhoes,  made  of  leather,  per  pair, 
leven  cents  ;  fhoes  and  flippers  made  of  {ilk  or 
fluff,  per  pair,  ten   cents ;    wool   and  cotton 
cards,  per  dozen,  fifty  cents  ;  playing  cards, 
per  pack,  ten  cents  ;  all  China  ware,  looking 
glafles,  window  and  other  glafs,  and  all  manu- 
factures of  glafs,  (black  quart  bottles  excepted) 
twelve  and  an  half  per  centum  ad  valorem  ; 
marble,  flate  and  other  Hones,  bricks,  tiles, 
tables,  mortars  and  other  utenfils  of  marble 
or  flate,  and  generally  all  flone  and  earthen 
ware,  blank  books,  writing  paper,  and  wrap- 
ping   paper,    paper    hangings,    pafte-boards, 
ceruiiTo-  parchment  and  vellum,  pictures  and  prints, 
ther  arti-    painters  colors,  including  lampblack,  except 
rasper*™  thofe  commonly  ufed  in  dying,  gold,  filver  and 
centum  ad  plated  ware,  gold   and    filver  lace,  jewellery 
and  pafle  work,  clocks  and  watches,  flioe  and 
knee  buckles,  grocery,  (except  the  articles  be- 
fore enumerated)  namely,  cinnamon,  cloves, 
mace,   nutmegs,  ginger,   annifeed,   currants, 
dates,  figs,  plumbs,  prunes,  raifms,  fugar-can- 
dy,  oranges,  lemons,  limes,  and  generally,  all 
fruits  and  comfits,  olives,  capers  and  pickles 
of  every  fort,   oil,  gun-powder,  rnuflard  in 
flour,   ten  per   centum  ad  valorem  ;   cabinet- 
wares,  buttons,  faddles,  gloves  of  leather,  hats 
of  beaver,  felt,  wool,  or  a  mixture  of  any  of 
them,  millenary  ready  made,  caftings  of  iron, 
and  flit  and  rolled  iron,  leather  tanned  or  taw- 
ed, and  all  manufactures  of  which  leather  is 
the  article  of  chief  value,  except  fuch  as  are 
herein  otherwife  rated,  canes,  walking-flicks 
and  whips,  cloathing  ready  made,  brulhes,  an- 
chors, all  wares  of  tin,  pewter,  or  copper,  all 
or  any  of  them,  medicinal  drugs,  except  thofe 


U    251    ] 

Commonly  ufed  in  dying,  carpets  and  carpet-  on  certain 
ing,  all  velvets,  velverets,  fattins  and  other  ^^"^j 
wrought  filks,  cambrics,  muflins,  muflinets,  rate*  per. 
lawns,  laces,  gauzes,  chintzes,  and  colored  cal-  ™  ?"c1 
licoes,  and  nankeens,  feven  and  an  half  per 
centum  ad  valorem.  All  goods,  wares  and 
merchandize  imported  directly  from  China 
or  India  in  (hips  or  veflels  not  of  the  United 
States,  teas  excepted,  twelve  and  an  half  per 
centum  ad  valorem.  All  coaches,  chariots, 
phaetons,  chaifes,  chairs,  folos  or  other  carri- 
ages, or  parts  of  carriages,  fifteen  and  an  half 
per  centum  ad  valorem ;  and  five  per  centum 
ad  valorem  upon  all  other  goods,  wares  and 
merchandize,  except  bullion,  tin  in  pigs,  tin 
plates,  old  pewter,  brafs  teutenague,'iron  and 
brafs  wire,  copper  in  plates,  fait  petre,  plaifter 
of  Paris,  wool,  dying  woods,  and  dying  drugs, 
raw  hicl^s  and  (kins,  undrefled  furs  of  every 
kind,  the  fea-ftores  of  mips  or  veflels,  the 
cloaths,  books,  houfehold  furniture,  and  the 
tools  or  implements  of  the  trade  or  profeflion 
of  perfons  who  come  to  refide  in  the  United 
States,  philofophical  apparatus,  fpecially  im- 
ported for  any  feminary  of  learning,  all  goods 
intended  to  be  re-exported  to  a  foreign  port 
or  place,  in  the  fame  fliip  or  veflel  in  which 
they  mall  be  imported,  and  generally,  all  ar-. 
tides  of  the  growth,  product  or  manufactures 
of  the  United  States. 

Sec.  2.  And  be  it  further  cnafted.  That  an 
addition  of  ten  per  centum  mail  be  made  to 
the  feveral  rates  of  duties  above  fpecified  and  centum  on 

r    ,  r      r>  11  i  i  »"  thcratea 

impofed,  in  refpect  to  all  goods,  wares  and  ot  duty  he- 
merchandize,  which  after  the  faid  lad  day  of  £°rf  fPc^- 
December  next,  mail  be  imported  in  mips  or 
veflels  not  of  the  United  States,  except  in  the 
cafes  in  whkh  an  additional  duty  is  herein  be--. 


[ 

fore  fpecially  laid  on  any  goods,  wares  or  mer- 
chandizes, which  fhall  be  imported  in  fuch 
Ihips  or  veflels. 

Sr^codf  ^ec.  3' . And  be  lt  further  wafted,  That  all 
exported  duties  which  fhall  be  paid  or  fecured  to  be 
paid  by  virtue  of  this  act,  fhall  be  returned  or 
diicharged  in  refpect  to  all  fuch  goods,  wares 
or  merchandize,  whereupon  they  fhall  have 
been  fo  paid,  or  fecured  to  be  paid,  as,  within 
twelve  calendar  months  after  payment  made 
or  fecurity  given,  fhall  be  exported  to  any  fo- 
reign port  or  place,  except  one  per  centum 
on  the  amount  of  the  faid  duties,  which  (hall 
be  retained  as  an  indemnification  for  what- 
ever expenfe  may  have  accrued  concerning  the 
fame. 

Bounty  on        Sec.   4.    And  be  it  further  enacted^   That 
SSTo/dri-  there  fhall  be  allowed  and  paid  on  dried  and 
fcdi °fi  pkk"  pickled  fifh,  of  the  fifheries  of  the   United 
falted  pro-  States.,  and  on  other  provifions  falted  within 
vifions.       the  faid  flates,  -which  after  the  faid  lafl  day  of 
December  next  fhall  be  exported  therefrom 
to  any  foreign  port  or  place,  in  lieu  of  a  draw- 
back of  the  duty  on  the  fait  which  fhall  have 
been  expended  thereupon,  according  to  the 
following  rates  ;  namely  :  Dried  fifh  per  quin- 
tal, ten  cents  ;  pickled  fifh  and  other  falted 
provifions  per  barrel,  ten  cents. 

Duties  or  Sec.  5.  And  be  it  further  enafted^  That 
onTbfpeci-  wnere  duties  by  this  act  are  impofed,  or  draw- 
fic  quantity  backs  allowed  on  any  fpecific  quantity  of 
appTvin'10  goods,  wares  and  merchandize,  the  fame  mall 
proportion  be  deemed  to  apply  in  proportion  to  any  quan- 
quant'itie^  tity,  more  or  k6«  than  fuch  fpecific  quantity. 
Duties  ac-  $ec.  £,  Jnd  be  it  further  enatted^  That  all 
Slthm  a  the  duties  which  by  virtue  of  the  act,  intituled, 
certain  «  ^n  a&  for  laying  a  duty  on  goods,  wares 

time  remit-  ,         ,.  J      °.  i    •  i       TT    v     » 

led,          and  merchandizes  imported  into  the  Unitea 


States,"  accrued  between  the  time  fpecified 
in  the  faid  aft  for  the  commencement  of  the 
faid  duties,  and  the  refpe&ive  times  when  the 
collectors  entered  upon  the  duties  of  their  re- 
fpe&ive  offices  in  the  fever al  diftritts,  be,  and 
they  are  hereby  remitted  and  difcharged,  and 
that  in  any  cafe  in  which  they  may  have  been 
paid  to  the  United  States^  reflitution  thereof 
mail  be  made. 

Sec.  7.  And  be  it  further  enaded,  That  the 
feveral  duties  impofed  by  this  a£t  ihall  conti-  duty  by 
nue  to  be  colleded  and  paid,  until  the  debts  ££adf u 
and  purpofes  for  which  they  are  pledged  and 
appropriated,  mall  be  fully  difcharged :  Pro- 
vided, That  nothing  herein  contained  mall  be 
conftrued  to   prevent   the   legiilature   of  the 
United  States  from  fubftituting  other  duties 
or  taxes  of  equal  value  to  any  or  all  of  the 
faid  duties  and  impofts, 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 
JOHN  ADAMS,  Vice- Prefident  of  the  United 

States  >  and  Prefident  of  the  Senate. 
APPROVED,  Auguftthe  tenth,  1790  : 
GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


C 
CHAPTER     XL. 

An  Ad  to  enable  the  Officers  and  Soldiers  of  the 
Virginia  Line  on  continental  EJlablifhinent^  to 
obtain  Titles  to  certain  Lands  lying  North-ivejl 
of  the  Ri-ver  Ohio,  between  the  Little  Miami 
and  Sciota. 

Seftion  i.  T>  E  //  enabled  by  the  Senate  and 
Jj  Houfe  of  Reprefentatives  of  the 
United  States  of  America^  in  Congrefs  ajfembled, 
offer-  That  the  ad  of  Congrefs  of  the  feventeenth  of 
July*  one  thoufand  feven  hundred  and  eighty- 
eight,  relative  to  certain  locations  and  furveys 
made  by,  or  on  account  of  the  Virginia  troops 
on  continental  eftablifhment  upon  lands  be- 
tween the  Little  Miami  and  Sciota  rivers, 
north-weft  of  the  Ohio,  be,  and  the  fame  is 
hereby  repealed. 

Recital.  And  whereas  the  agents   for  fuch  of  the 

troops,  of  the  ftate  of  Virginia,  who  ferved  on 
the  continental  eftablifhment  in  the  army  of 
the  United  States,  during  the  late  war,  have 
reported  to  the  executive  of  the  faid  ftate, 
that  there  is  not  a  fufficiency  of  good  land  on 
the  fouth-eafterly  fide  of  the  river  Ohio,  ac- 
cording to  the  acl:  of  ceflion  from  the  faid  ftate 
to  the  United  States,  and  within  the  limits 
afligned  by  the  laws  of  the  faid  ftate,  to  fatisfy 
the  faid  troops  for  the  bounty  lands  due  to 
them,  in  conformity  to  the  faid  laws :  to  the 
intent  therefore  that  the  difference  between 
what  has  already  been  located  for  thefaid  troops, 
on  the  fouth-eafterly  fide  of  the  faid  river,  and 
the  aggregate  of  what  is  due  to  the  whole  of 
the  faid  troops,  may  be  located  on  the  north- 
wefterly  fide  of  the  faid  river,  and  between  the 
Sciota  and  Little  Miami  rivers,  as  ftipuhted  by 
the  laid  ftate : 


C   355   1 

Sec.  2.  Be  it  further  enabled,  That  the  Se- 
cretary  of  the  department  of  war,  ihallmake  make  re- 
return  to  the  executive  of  the  (late  of  Vir-  JJJJJJ^ve? 
ginia  of  the  names  of  fuch  of  the  officers,  non-  of  Virginia 
commiffioned  officers  and  privates  of  the  line  of  ^^  tc0eu" 
the  faid  (late,  who  ferved  in  the  army  of  the  bounty 
United  States,   on  the    continental  eilablilh- 
ment,  during  the  late  war,  and  who  in  con- 
formity to  the  laws  of  the  faid  ftate,  are  en- 
titled to  bounty  lands  ;  and  (hall  alfo  in  fuch 
return  ftate  the  aggregate  amount  in  acres  due 
to  the  faid  line  by  the  laws  aforefaid. 

Sec.  3.  And  be  it  further  enafted,  That  it  *&£*£. 
fhall  and  may  be  lawful  for  the  faid  agents  to  tain  land* 
locate  to  and  for  the  ufe  of  the  faid  troops,  {™£* ufc 
between  the  rivers  Sciota  and  Little  Miami,  troops  j 
fuch   a  number  of  acres  of  good   land,   as, 
fhall,  together  with  the  number  already  lo- 
cated between  the  faid  two  rivers,  and  the 
number  already  located  on  the  fouth-eafterly 
fide  of  the  river  Ohio,  be  equal  to  the  ag- 
gregate amount,  fo  to  be  returned  as  afore- 
iaid  by  the  Secretary  of  the   department  of 
war. 

Sec.  4.  And  be  it  further  enafted,  That  the 
faid  agents,  as  foon  as  may  be  after  the  lo- 
cations, furveys  and  allotments  are  made  and 
completed,  fhall  enter  in  regular  order,  in  a  and  to  en - 
book  to  be  by  them  provided  for  that  purpofe,  book  the 
the  bounds  of  each  location  and  furvey  be-  bound*  of 

i       r  .  ,  .  ,       J  each  loca.- 

tween  the  faid  two  rivers,  annexing  the  name  tum  and 
of  the    officer,   non-commiffioned   officer    or  fuivey« 
private  originally  entitled  to  each  ;  which  en- 
tries being  certified  by  the  faid  agents,  or  the 
majority  of  them,  to  be  true  entries,  the  book 
containing  the  fame  (hall  be  filed  in  the  office 
\  cf  the  Secretary  of  State. 

Sec.  5.  And  be  it  further  watted*  That  it 


t 

mal1  be  lawful  for  the  Prefldent  of  the  United 
letters  pa-    States  to  caufe  letters  patent  to  be  made  out 
*adeoute    in  fuch  words  and  form  as  he  mail  devife  and 
tothofcen-  direct,  granting  to  fuch  perfon  fo  originally 
bo!my°      entitled  to  bounty  lands,  to  his  ufe,  and  to 
lands..         the  ufe  of  his  heirs  or  afligns,  or  his  or  their 
legal  representative  or  reprefentatives,  his,  her 
or  their  heirs  or  ailigns,  the  lands  defignated 
in  the  faid  entries  :  Provided  always^  That  be- 
fore the  feal  of  the  United  States  lhall  be  af- 
fixed to  fuch  letters  patent,  the  Secretary  of 
the    department  of  war  ihall  have  indorfed 
thereon  that  the  grantee  therein  named,  was 
originally  entitled  to  fuch  bounty  lands,  and 
that  he  has  examined  the  bounds  thereof  with 
the  book  of  entries  filed  in  the  office  of  the 
Secretary  of  State,  and  finds  the  fame  truly 
inferted  ;  and  every  fuch  letters  patent  mail  be 
counterfigned  by  the  Secretary  of  State,  and  a 
minute  of  the  date  thereof,  and  of  the  name 
of  the  grantee  mall  be  entered  of  record  in 
his  office,  in  a  book  to  be  fpecially  provided 
for  the  purpofe. 

Secretary         Sec.  6.  And  be  it  further  ena^ed^  That  it 

transit'0    &all  be  the  duty  of  the  Secretary  of  State,  as 

the  fame  to  fOOn  as  may  be  after  the  letters  patent  mall  be 

tiv^oTvir-  fo  completed  and  entered  of  record,  to  tranf- 

R.inia-         mit  the  fame  to  the  executive  of  the  ftate  of 

Virginia,  to  be  by  them  delivered   to   each 

grantee  ;  or  in  cafe  of  his  death,  or  that  the 

right  of  the  grantees  lhall  have  been  legally 

transferred  before  fuch  delivery,  then  to  his 

legal  reprefentative  or  representatives,  or  to 

©ne  of  them. 

JcntCb^"  Sec-  7-  And  be  'lt  farther  enaficd,  That  no 
tained  fees  mall  be  charged  for  fuch  letters  patent 
record,  to  the  grantees,  their  heirs  or 


t     *57    3 

jufigns,  or  to  his  or  their  legal  reprefentative 
or  reprefentatives. 

FREDERICK  AUGUSTUS  MUHLENBERG* 

Speaker  of  the  Hoitfe  of  Reprefeniaiivcs. 

JOHN  ADAMS,  Vice-Pref  dent  of  the  United 
States,  and  Prefident  of  the  Senate. 

APPROVED,  Auguft  the  tenth,  1790  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States  < 

CHAPTER     XLL 

An  Ad  authorizing  the  Secretary  of  the  Trcafury 
to  Jinijh  the  Light- Hoitfe  on  Portland-Head j 
in  the  Diflricl  of  Maine. 

BE  //  enaclcd  by  the  Senate  and  Houfe  ofRe- 
prefentativcs  of  the  United  States  6>f  Ame- 
rica in  Conrrcfs  affemb/ecL  T'hat  there  be  ap-  i5°°do1- 

i   d  .j    •  "*5  «  r    i  •  •  r  1*™  appro1' 

propnated  and  paid  out  or  the  monies  anting  priated. 
from  the  duties  on  imports  and  tonnage,  a  fum 
not  exceeding  fifteen  hundred  dollars,  for  the 
purpofe  of  finilhing  the  Light-Houire  on  Port- 
land-Head, in  the  diftrict  of  Maine  ;  and  that 
the  Secretary  of  the  Treafury,  under  the  di- 
re&ions  of  the  Prefident  of  the  United  States, 
be  authorized  to  caufe  the  faid  light-houfe  to 
be  finifhed  and  completed  accordingly. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 

JOHN  ADAMS,  Vice- Prefident  of  the  United 
States,  and  Prefident  of  the  Senate. 

APPROVED,  Auguft  the  tenth,  1790  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States*      r 
VOL.  I.  K  2 


CHAPTER     XLII. 

An  Acl  to  alter  the  "Times  for  holding  the  Cir- 
cuits Courts  of  the  United  States  in  the  Di/l  rifts 
of  South-Carolina  and  Georgia,  and  providing 
that  the  Diftncl  Court  of  Pennfylvania,  Jhall 
in  future  be  held  at  the  dry  of  Philadelphia 
only. 

Gii  cult       Section  i.  TJE  //  enaclcd  by  the  Senate  and 
w°h«»  aod  JL$  Kwfe  of  Reprefentatives  of  the 

United  States  of  America  in  Congrefs  qffembled, 
That  the  circuit  courts  of  the  United  States  in 
the  diflricls  of  South- Carolina  and  Georgia, 
(hall  for  the  future  be  held  as  follows,  to  wit : 
In  the  diflritl  of  South-Carolina  on  the  twenty- 
fifth  day  of  October  next,  at  Charleflon,  and 
in  each  fucceeding  year  at  Columbia,  on  the 
twelfth  day  of  May,  and  in  Charleflon  on 
the  twenty-fifth  day  of  October ;  in  the  dif- 
trict  of  Georgia  on  the  Fifteenth  day  of  Oc- 
tober next,  at  Augufla,  and  in  each  fucceed- 
ing year  at  Savannah,  on  the  twenty-fifth  day 
of  April,  and  at  Augufla  on  the  fifteenth  day 
of  Oclober  ;  except  when  any  of  thofe  days 
(hall  happen  to  be  Sunday,  in  which  cafe  the 
court  fhall  be  held  on  the  P»londay  following. 
And  all  procefs  that  was  returnable  under  the. 
former  law  at  Charleflon,  on  the  firfl  day  of 
October  next,  and  at  Augufla  on  the  feven- 
teenth  day  of  Oclober,  mail  now  be  deemed 
returnable  reflectively  at  Charleflon  on  the 
twenty-fifth  day  of  Oclober  next,  and  at 
Augufla  on  the  fifteenth  day  of  Oclober  next; 
any  thing  in  the  former  law  to  the  contrary 
notwithstanding. 

Sec*  2*   ^nd  ^e  '*  furtfjer  watted.  That  fo 
repealed.^    much  of  the  acl,  entitled,  "  An  act  to  eflablifh 
the  judicial  courts  of  the  United  States,"  as 


C 

directs  that  the  tliitrid  court  for  the  difltkl  of 
Pennfylvania  (hall  be  held  at  Yorktown  in  the 
faid  flate,  be  repealed  ;  and  that  in  future  the 
diftrid:  court  for  Pennfylvania  be  held  in  the 
city  of  Philadelphia. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Iloufe  of  Reprefcntativcs. 
JOHN  ADAMS,  Vice-Prefident  If  the  United 

States,  and  Prefident  of  the  Senate. 
APPP.OVED,  Auguft  the  eleventh,  1790  : 
GEORGE  WASHINGTON, 
Prefident  of  the  United  States. 


CHAPTER     XLI1L 

An  Ad  declaring  the  Affent  of  Congrefs  to  cer- 
tain Ads  of  the  States  of  Maryland,  Georgia, 
-and  Rhode-Jjland  and  Providence  Plantations* 
(EXPIRED.} 


CHAPTER     XLIV. 

4n  Acl  for  the  Relief  of  difabled  Soldiers  and 
Seamen  lately  in  the  Service  of  the  United 
States,  and  of  certain  other  Perfom. 

Sec.    i.    If)  E  /'/  enafted  by  the  Senate  and 
J|j  Houfe  of  Reprefentatives  of  the 
United  States  of  America  in  Congrefs  affembled, 
That   Stephen   Califfe,    Jeremiah    Ryan,  Jo- 
feph  M;Gibbon,  Samuel  Garretfon,  Ephraim  Prvfr. 
M'Coy,  Chriftian  Khun,  David  Steele,  Jofeph  t.dcd 
Shuttlief,  and  Daniel  Culver,  difabled  foldiers  Ptcl 
ktely  in  the  fervice  of  the  United  States,  be  rate. 


Perfonsen-  allowed  penfions  at  the  rate  of  five  dollars  per 

titled  to  i      r  i         •  ••      •  i 

pen(ions,5c  Httontli  from  the  time  tneir  pay  in  the  army  re* 
at  what  fpectively  ceafed.  That  Chriftian  Wolfe,  a  dill 
abled  ibidicr,  be  allowed  a  penfion  at  the  rate 
of  four  dollars  per  month  from  the  date  of  his 
difcharge.  That  Edward  Scott,  a  difabled  fol- 
dier,  be  allowed  a  penficn  at  the  rate  of  three 
dollars  per  month  from  the  date  of  his  dif- 
charge, That  David  Weaver  and  George 
;Schell,  difabled  folciiers,  be  each  allowed  a 
penfion,  at  the  rate  bf  two  dollars  per  month, 
from  the  date  of  their  refpeftive  difcharges. 
That  Seth  Boardman,  a  difabled  foldier,  be 
allowed  a  penfion,  at  the  rate  of  three  dollars 
and  one  third  of  a  dollar  per  month,  from  the 
feventeenth  day  of  March,  one  thoufand  feven 
hundred  and  eighty-fix.  That  Severinus  Koch, 
a  difabled  captain  of  colonel  Jacob  Klock's  re- 
giment of  New- York  militia,  be  allowed  a  pen^ 
iion,  at  the  rate  of  five  dollars  per  month,  from 
the  twentieth  day  of  Au.guft,  one  thoufand  fe- 
ven hundred  and  feventy-feven.  That  John 
Younglove,  a  difabled  major  of  colonel  Lewis 
Van  Woort's  regiment  of  New-  York  militia, 
be  allowed  a  penfion  at  the  rate  of  fix  dollars 
per  month,  from  the  thirtieth  day  of  July,  one 
thoufand  feven  hundred  and  eighty-one,  Tl^at 
William  White,  a  difabled  private  of  colonel 
Williams  regiment  of  New- York  militia,  be 
allowed  a  penfion,  at  the  rate  of  three  dollars 
and  one  third  of  a  dollar  per  month,  from  the 
fir  ft  day  of  April,  one  thoufand  feven  hun- 
dred and  eighty-fix.  That  Jacob  Newkerk,  a 
difabled  foldier  of  colonel  John  Harper's  re- 
giment of  New- York  (late  troops,  be  allowed 
a  penfion,  at  the  rate  of  three  dollars  per 
month,  from  the  twenty-fecond  day  of  Oclo- 
|}er?  one  thoufand  feven  hundred  and  eighty, 


That  David  Poolc,  a  difabled  feaman  lately  in 
•the  fervice  of  the  United  States,  be  allowed  a 
pcnfion  of  five  dollars  per  month,  to  com- 
mence on  the  fifth  of  March,  one  thoufand 
feven  hundred  and  eighty-nine. 

Sec.  2.  And  be  it  further  waded,  That  Ca-  sr  s™1' 

•/  %  .  •        tClj    <X    p< 

leb  Brewfler,  lately  a  lieutenant,  who  was  iion  allow- 
wounded  and  dibbled  in  the  fervice  of  the 
United  States,  be  allowed  three  hundred  forty- 
eight  dollars  and  fifty-feven  cents,  the  amount 
of  his  neceffary  expenfes  for  fuflenance  and 
medical  afTiflance,  while  dangeroufly  ill  of  his 
wounds,  including  the  intereft  to  the  firfl  of 
July,  one  thoufand  feven  hundred  and  ninety. 
And  that  the  faid  Brewfter  be  allowed  a  pen- 
fion  equal  to  his  half  pay  as  lieutenant,  from 
the  third  of  November,  one  thoufand  feven 
hundred  and  eighty  three,  he  firfl:  having  re- 
turned his  commutation  of  half  pay. 

Sec.  3.  And  be  it  further  enattcd,  That  Na-  Ptnf.on  aj- 
thaniel  Gove,  a  difabled  lieutenant,  lately  in 
the  fervice  of  the  United  States,  be  allowed  a 
penfion,  at  the  rate  of  fix  dollars  and  twro 
thirds  of  a  dollar  per  month,  from  the  twen- 
tieth of  May,  one  thoufand  feven  hundred  and 
feventy-eight,  to  the  firfl  day  of  July,  one 
thoufand  feven  hundred  and  eighty-fix,  and 
that  he  be  allowed  at  the  rate  of  thirteen  dol- 
lars and  one  third  of  a  dollar  per  month,  from 
the  faid  firfl  day  of  July,  one  thoufand  feven 
hundred  and  eighty-fix. 

Sec.  4.  And  be  it  further  enaEled^  That  the 
commimoner  of  army  accounts  be  authorized  fi«-n«  of 
and  directed  to  fettle  the  pay  and  depreciation 
of  pay  of  John  Stevens,  a  hoflage  in  the  late 
war  at  the  capitulation  of  the  cedars,  as  a  cap- 
tain  in  the  line  of  the  army,  and  that  he  ifluc 


[       262       ] 

certificates  accordingly.  That  he  alfo  iflue  a 
certificate  to  Charles  Markley,  lately  a  cap- 
tain in  ArmantTs  corps,  for  the  commutation 
of  his  half  pay.  That  he  alfo  fettle  the  accounts 
of  James  Derry,  and  Benjamin  Hardifon,  who 
were  made  prifoners  in  Canada,  in  May,  one 
thoufand  feven  hundred  and  feventy-fix,  and 
forcibly  detained  in  captivity  among  the  In- 
dians, and  that  he  iime  certificates  for  the  ba- 
lance cf  their  pay  refpeclively,  to  the  third  of 
November,  one  thoufand  feven  hundred  and 
eighty-three. 

The  pen-         Sec.  5.  And  be  it  further  enaftcd^  That  the 
fions  to  be  feveral  penfions  mentioned  in  this  act,  due  or 

paid  accor-  .  ,          r  .  r  r  -*  *         i 

ding  to  laws  to  become  due  from  the  fifth  of  March,  one 
made  or      thoufand  feven  hundred  and  eighty- nine,  mall 

that  here-      ,  .,  ,.  r.  o       /  , 

after  may  be  paid  according  to  luch  laws  as  have  been 
be  made,  made,  or  mall  be  made  relative  to  invalid  pen- 
fioners  :  And  that  the  arrears  of  the  faid  pen- 
fions, due  before  the  faid  fifth  day  of  March, 
one  thoufand  feven  hundred  and  eighty-nine, 
(hall  be  paid  in  fuch  manner  as  Congrefs  may 
hereafter  provide  for  paying  the  arrears  of  pen- 
fions. 

Allowance  Sec.  6.  And be  it  further  enaded.  That  there 
mal1  be  allowed  to  Seth  Harding,  for  three 
months  and  ten  days  fcr vices  on  board  the  Al- 
liance frigate,  during  the  late  war,  at  the  rate 
of  fixty  dollars  per  month,  being  the  pay  of  a 
captain,  to  be  paid  out  of  the  monies  arifmg 
from  imports  and  tonnage. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  cf  Reprefenfatives. 
JOHN  ADAMS,  Vice-PreJldcni  of  the  United 

States,  and  Prefident  of  the  Senate. 
APPROVED,  Auguft  the  eleventh,  1790: 
GEORGE  WASHINGTON, 
Prejident  of  the  United  States. 


C   263    ] 

CHAP  T  E  R     XLV. 

An  Atf  for  the  Relief  of  the  •  Perfons   therein 
mentioned,  or  defcribcd. 


Sec.    i.    TTJ  E  //  enabled  by  the  Senate 

JL)  Hotife  of  Representatives  cf  //•:• 
United  States  of  America  in  Congrefs  affemUed, 
That  the  regifter  of  the  treafury  ihail,  and  is  Jjf/'J"^ 
hereby  required  to  grant  unto  Sarah,  the  wi-  ry  to  errant 
dow  of  the  late  major-general  Earl  of  Stirling,  \™$^* 
who  died  in  the  fervice  of  the  United  States,  iir.2; 
a  certificate  to  entitle  her  to  a  fum  equal  to  an 
annuity  for  (even  years  half  pay  of  a  major- 
general,  to  commence  as  from  the  fourteenth 
day  of  January,  one  thoufand  feven  hundred 
and  eighty-three,  in  conformity  to  the  adl:  of 
the  late  Congrefs,  patted  on  the  twenty-fourth 
day  of  Auguft,  one  thoufand  feven  hundred 
and   eighty  ;  the  amount  for  which  the  faid 
certificate  is  to  be  granted,  to  be  afcertained  by 
the  Secretary  of  the  Treafury,  and  on  fimilar 
principles  as  other  debts  of  the  United  States 
are  liquidated  and  certified. 

Sec.  2.  And  be  it  further  enafted.  That  the  Regifier  of 
faid  regifter  {hall  grant  unto  Frances  Eleanor  thct*r"^ 
Laurens,  the  orphan  daughter  of  the  late  lieu-  a  certificate 
tenant-colonel  John  Laurens,  who  was  killed 
whilft  in  the  fervice  of  the  United  States,  a 
certificate  to  entitle  her  to  a  fum  equal  to  an 
annuity  for  feven  years  half  pay  of  a  lieute- 
nant-colonel, to  commence  as  from  the  twen- 
ty-fifth day  of  Auguft,  one  thoufand  feven 
hundred  and  eighty-two,  according  to  the  acl 
of  the  late  Congrefs  of  the  twenty-fourth  day 
of  Auguft,  one  thoufand  feven  hundred  and 
eighty  ;  the  amount  for  which  the  faid  certi- 
ficate is  to  be  granted,  to  be  afcertained  by  t 
Secretary  of  the  Treafury  in  manner  aforefaicL 


And  whereas  no  provifion  hath  heretofore 
been  made  for  difcharging  the  arrears  of  pen- 
fions  due  to  officer's,  non-commirlioned  officers, 
and  foldiers,  who  were  wounded  and  difabled 
whilft  in  the  fervice  of  the  United  States  : 
Therefore, 

to  hwaiid  Sec.  3.  Be  it  further  enaclea^  That  each  of 
penhoners.  tne  officers,  non-commiffioned  officers  and  fol- 
diers ,  who  were  fo  wounded  and  difabled^ 
and  who  are  now  placed  on  the  books  in  the 
office  of  the  fecretary  for  the  department  of 
war,  as  a  penfioner,  or  to  be  fo  placed  in  con- 
formity to  any  law  of  this  Congrefs,  fhall  re- 
ceive from  the  regifler  of  the  treafury,  who  is 
hereby  required  to  grant  the  fame,  a  certifi- 
cate, to  be  liquidated  and  fettled  in  fuch  man- 
ner as  the  Secretary  of  the  Treafury  Ihall  di- 
rect, for  a  fum  equal  to  the  penfion  annually 
du2  to  him,  to  commence  from  the  time  he 
became  entitled  thereto,  or  from  the  time  to 
which  the  fame  had  been  paid,  as  the  cafe  may 
be,  which  fhall  be  afcertained  and  certified  by 
the  faid  Secretary  for  the  department  of  war, 
and  which  annuity  fhall  be  liquidated  to  the 
fourth  day  of  March,  one  thoufand  feven 
hundred  and  eighty-nine,  from  which  day  the 
United  States  have  affumed  the  payment  of 
the  penfions  certified  by  the  feveral  ftates. 
And  in  cafe  of  the  death  of  any  perfon  fo  en- 
titled, the  certificate  fhall  pafs  to  his  heirs  or 
legal  reprefentative  or  reprefenta lives. 

fccgifter  of  Sec.  4.  And  be  it  further  enacled^  That  the 
the  trcafu-  \yidow  or  orphan  of  each  officer,  non-com- 
MrtlfiSte*  miflioned  officer  or  foldier  who  was  killed  or 
to  widows  died  wnilft  in  the  fervice  of  the  United  States, 

«5c  orphans         ,        ,  ,          ,  i       i        i       •        i 

ofoiiktrs    and  who  is  now  placed  on  the  books  in  the 

&  fokiiers.  Office  of  the  faid  Secretary,  as  entitled  to  a 

penfion,  by  virtue  of  any  act  of  the  faid  late 


t  265  3 

Congrefs,  or  any  law  of  this  Congrefs,  and  for 
whom  provifion  has  not  been  made  by  any 
ftate,  and  to  whom  any  arrears  of  fuch  penfion 
are  due,  and  which  have  arifen  prior  to  the 
faid  fourth  day  of  March,  one  thoufand  feveri 
hundred  and  eighty-nine,  mail  receive  a  cer- 
tificate therefor  in  like  manner,  and  on  the 
fame  principles,  as  certificates  are  by  this  act 
directed  to  be  given  to  officers,  non-commif- 
fioned  officers  and  foldiers,  who  were  wounded 
or  difabled  as  aforefaid. 

FREDERICK  AUGUSTUS  MUHLENBERG* 

Speaker  of  the  Houfe  cfReprefentatives. 
JOHN  ADAMS,    Vice-Prefiderit  of  the  United 

States,  and  Prefident  of  the  Senate. 
APPROVED,  Auguft  the  eleventh,  1790: 
GEORGE  WASHINGTON, 
President  of  the  United  States. 


CHAPTER     XLVI. 

An  Aft  making  certain  Appropriations  therein 
mentioned. 

BE  //  enabled  by  the  Senate  and  Houfe  ofRe- 
prefentatives  of  the  United  States  of  Ameri- 
ca in  Congrefs  affembled.  That  there  be  appro- 
priated to  the  purpofes  herein  after  mentioned, 
to  be  paid  out  of  the  monies  arifmg  from  the 
duties  on  goods,  wares  and  merchandize  im- 
ported, and  on  the  tonnage  of  (hips  dt  vefiels, 
the  following  fums ;  to  wit :  The  fum  of  thir- 
ty-eight  thoufand  eight  hundred  and  ninety. 
two  dollars  and  feventy-five  cents,  towards 
difcharging  certain  debts  cofttrafted  by  Abnu 
VOL.  I,  La 


[     266     ] 

ham  Skinner,  late  commifTary  of  prifoners,  on 
account  of  the  fubfiftence  of  the  officers  of 
the  late  army  while  in  captivity  :  The  fum  of 
forty  thoufand  dollars,  towards  difcharging  cer- 

T.  picker-  tain  debts  contracted  by  colonel  Timothy  Pick- 
ering, late  quartermafter-general,  and  whkh 
fum  was  included  in  the  amount  of  a  warrant 
drawn  in  his  favor  by  the  late  fuperintendant 
of  the  finances  of  the  United  States,  and  which 
warrant  was  not  difcharged  :  The  fum  of  one 

and  for       hundred  and  four  thoufand  three  hundred  and 


twenty-feven  dollars  and  twenty-two  cents,  for 
tne  fevcral  purpofes  fpecified  in  an  eftimate 
of  the  ft-  accompanying  the  report  of  the  -Secretary  of 
tne  Trcafiiry  of  the  fifth  inflant,  including  one 
thoufand  dollars  for  defraying  the  expenfes  of 
certain  eftabliihments  for  the  fecurity  of  navi- 
gation of  the  like  nature  with  thofe  mention- 
ed in  the  act,  intituled,  "  An  act  for  the  ef- 
tablifhment  and  fupport  of  light-houfes,  bea- 
cons, buoys  and  public  piers,"  but  not  parti- 
cularly fpecified  therein  :  The  fum  of  one 
hundred  and  eighty-one  dollars  and  forty-two 
cents,  for  reimbursing  the  Secretary  at  War 
-an  advance  by  him  made  on  account  of  George 
Morgan  White  Eyes,  over  and  above  the  fum 
heretofore  appropriated  on  account  of  the  faid 
•George  Morgan  White  Eyes  :  The  fum  of 
-fix  hundred  and  thirty-two  dollars  and  eighty 
•cents,  for  the  fervkes  and  expenfes  of  Ifaac 
Guion,  employed  by  direction  of  the  Prefident 
-of  the  United  States,  in  relation  to  the  refo- 
lution  of  Congrefs  of  the  twenty-fixth  of  Au- 
guft  laft  :  The  fum  of  forty-one  dollars  and 
lorty-feven  cents,  for  reimburfmg  the  treafurer 
of  the  United  States  the  cofts  by  him  paid  on 
a  proteiled  bill  :  The  fum  of  two  hundred  and 
fifty  dollars,  for  the  falary  of  an  interpreter  of 


C    267    j 

the  French  language,  employed  in  the  depart- 
ment of  flate  :  The  fum  of  three  hundred  and 
twenty-fix  dollars  and  fix  cents,  for  fundry  ex-  Sum  grant- 
penditures  by  Richard  Phillips,  on  account  of  fj™^ 
the  houfhold  of  the  late  Prefident  of  Congrefs,  mated  in  a 
and  for  certain  unfatisfied  claims  againft  the  Jj^fc^jL^ 
fame  :    The  fum  of  feven  hundred  and   fifty  ry  of  the 
dollars,  towards  compenfating  the  late  loan-  trcafuiT' 
officer  of  Pennfylvania,  for  his  fervices  in  rela- 
tion to  the  re-exchange  of  certificates  granted 
by  the  Hate  of  Pennfylvania,  in  lieu  of  certifi- 
cates of  the  United  States;  which  feveral  fums 
fo  included  in  the   faid  fum  of  one  hundred 
and  four  thoufand  three  hundred  and  twenty- 
feven  dollars  and  twenty- two  cents,  are  here- 
by authorized  and  granted  :  And  the  farther 
fum  of  fifty  thoufand  dollars,  towards   dif- 
charging  fuch  demands  on  the  United  States, 
not  otherwife  provided  for,  as  mall  have  been 
afcertained  and  admitted  in  due  courfe  of  fet- 
tlement  at  the  treafury  and  which  are  of  a  na- 
ture according  to  the  ufage  thereof,  to  require 
payment  in  fpecie. 

FREDERICK    AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 
JOHN  ADAMS,  Vice-Prefident  of  the  United 

States,  and  Prefident  of  the  Senate. 
APPROVED,  Auguft  the  twelfth,  1790: 
GEORGE  WASHINGTON, 
Prefident  of  the  United  States. 


[     268     1 
CHAPTER     XLVII. 

An  Acl  making  Provifton  for  the  Reduclicn  of 
the  Public  Debt. 

Recital.  TT  being  defirable  by  all  juft  and  proper 
JL  means,  to  effect  a  reduction  of  the  amount 
of  the  public  de,bt,  and  as  the  application  of 
fuch  furplus  of  the  revenue  as  may  remain  af- 
ter fatisfying  the  purpofes  for  which  appropri- 
ations mall  have  been  made  by  law,  will  not 
only  contribute  to  that  defirable  end,  but  will 
be  beneficial  to  the  creditors  of  the  United 
States,  by  raifmg  the  price  of  their  flock,  and 
be  productive  of  confiderable  faving  to  the 
United  States. 

fur-         Section   i .  BE  it  enafted  by  the  Senate  and 
hof  Houfe  of  Reprcfentatives  of  the  United  States  of 
duties  en     America  in   Congnfs  affembled,  That  all  fuch 
fonnlgTto  furplus  of  the  product  of  the  duties  on  goods, 
Dec.  not,    wares  and  merchandize  imported,  and  on  the 
Sto^Se1*  tonnage  of  fhips   or  veffels  to  the  laft  day  of 
purci^fc  of  December  next,  inclufively,  as  mail  remain 
debt!™        after  fatisfying  the  feveral  purpofes  for  which 
appropriations  mall  have  been  made  by  law  to 
the  end  of  the  prefent  feilion,  mail  be  applied 
to  the  purcljafe  of  the  debt  of  the   United 
States,  at  its   market  price,  if  not  exceeding 
the  par  or  true  value  thereof. 

^ec*  2'  ^n^  ^e  'lt  f-r^sr  snaRed^  That  the 
purchafes  to  be  made  of  the  faid  debt,  fhali  be 
made  under  th^  direflion  of  the  Prefident  of 
made;  and  the  Senate,  the  Chief  Juftice,  the  Secretary  of 
State,  the  Secretary  of  the  Trcafury,  and  the 
Attorney- General  for  the  time  being  ;  and 
who,  or  any  three  of  whom,  witli  the  appro-- 
bation  of  the  Prefident  of  the  United  States, 
fhall  caufe  the  faid  purchafcs  to  be  made  in 


manner. 


C 

fuch  manner,  a^d  under  fuch  regulations  as 
fhall  appear  to  them  beft  calculated  to  fulfil  the 
intent  of  this  aft  :  Provided,  That  the  fame 
be  made  openly,  and  with  due  regard  to  the  in  what 
equal  benefit  of  the  feveral  ftates  :  And  pro- 
<vided further ,  That  to  avoid  all  rifk  or  failure, 
or  delay  in  the  payment  of  interell  ftipulated 
to  be  paid  for  and  during  the  year  one  thou- 
fand  feven  hundred  and  ninety-one,  by  the  act, 
intituled,  "  An  acl  making  provifion  for  the 
debt  of  the  United  States,"  fuch  refervations 
fhall  be  made  of  the  faid  furplus  as  may  be  ne- 
celfary  to  make  good  the  faid  payments,  as  they 
fhall  reflectively  become  due,  in  cafe  of  defici- 
ency in  the  amount  of  the  receipts  into  the 
treafury  during  the  faid  year,  on  account  of 
the  duties  en  goods,  wares  and  merchandize 
imported',  and  the  tonnage  of  fhips  or  veffels, 
after  the  lad  day  of  December  next. 

Sec.  3.  And  be  it  further  emitted.  That  ac-  The  ac- 
counts of  the  application  of  the  faid  monies  c°""^({)/ 
ihall  be  rendered  for  fettlement  as  other  pub-  ttTbcfctdcl 
lie  accounts,  accompanied  with  returns  of  the  asiothcr 

r     i        r   •  i      i    i  i      f     i      i  •   i        public  ac? 

amount  of  the  faid  debt  purchafed  therewith,  counts, 
at  the  end  of  every  quarter  of  a  year,   to  be 
computed  from  the  time  of  commencing  the 
purcliafes  aforefaid  :  and  that  a  full  and  exact 
report  of  the  proceedings  of  the  faid  five  per-  Rre^c°crctd.of 
ions,  or  any  three  of  them,  including  a  ftate-  ings  to  he 
inent  of  the  difburfements  and  purchafes  made  {^J*{£r< 
under  their    direction,    fpecifying   the  times 
thereof,  the  prices  at  which,  and  the  parties 
from  whom  the  fame  may   be  made,  mail  be 
laid  before  Congrefs,  within  the  firfl  fourteen 
days  of  each  feilion  which  may  enfue  the  pre- 
fent,  during  the  execution  of  their  faid  truft, 
Sec.  4.  And  be  it  further  em  fled,  That  the 
Prefident  of  the  United  States  be,  and  he  is 


C    270    ] 

Prefident    ^lere^y  authorized  to  caufe  to  be  borrowed,, 
authorized  on  behalf  of  the  United  States,  a  fum  or  fums 
^mi'mons   not  excee(iing  in  the  whole  two  millions  of 
«f  dollars,   dollars,  at  an  intereft  not  exceeding  five  per 
cent,  and  that  the  fum  or  fums  fo  borrowed, 
be  alfo  applied  to  the  purchafe  of  the  fakl  (debt 
of  the  United  States,  under  the  like  direction, 
in  the   like  manner,  and  fubjecl  to  the  like 
to  be  appii-  regulations  and  reltriftions  with  the   furplus 
purc'hlfeof  aforefaid  :  Provided,  That  out  of  the  intereft 
ibe  debt.    arifing  on  the  debt  to  be  purchafed  in  manner 
aforefaid,  there  mall  be  appropriated  and  .ap- 
plied a  fum  not  exceeding  the  rate  of  eight 
per  centum  per  annum  on  account  both  of 
principal  and  intereft  towards  the  re-payment 
of  the  two  millions  of  dollars  fo  to  be  borrow- 
ed. 

FREDERICK   AUGUSTUS  MUHLENBERG, 
Speaker  of  the  Houfe  of  Reprefentatives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United 
States,  and  Prefident  of  the  Senate. 

APPROVED,  Auguft  the  twelfth,  1790: 
GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


RESOLVED  £y  the  Senate  and  Houfe  ef  Reprefenta- 
fives  of  the  United  States  of  America  in  Congrefs 
affe?nbled,  That  all  treaties  made,  or  which  (hall  be  made 
and  proinulged  under  the  authority  of  the  United 
States,  (hall,  from  time  to  time,  be  publifhed  and  an- 
nexed to  their  code  of  laws,  by  the  Secretary  of  State. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 
JOHN  ADAMS,  Vice-Preftdent  of  the  United  States, 

and  Prcfident  of  the  Senate. 
APPROVED,  June  the  fourteenth,  1790  : 

GEORGE    WASHINGTON, 

Preftdent  of  the  United  Stater. 


RESOLVED  by  the  Senate  and  Houfe  of  Reprefenta- 
fives  of  the  United  States  of  America  in  Congrefs 
affembled.  That  alJ  furveys  of  lands  in  the  Weftern  Ter- 
ritory, made  under  the  direction  of  the  late  geographer, 
Thomas  Hutchins,  agreeable  to  contracts  for  part  of 
the  faid  lands  made  with  the  late  board  of  treafury,  be 
returned  to,  and  perfected  by  the  Secretary  of  the  Trea- 
fury, fo  as  to  compleat  the  faid  contracts  :  and  that  the 
faid  Secretary  be,  and  is  hereby  authorized  to  diredl 
the  making  and  compleating  any  other  furveys  that  re- 
main to  be  made,  fo  as  to  comply  on  the  part  of  the 
United  States  with  the  feveral  contracts  aforefaid,  in 
conformity  to  the  terms  thereof. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Representatives. 
JOHN   ADAMS,  Vice-Preftdent  of  the  United  States, 

and  Prefident  of  the  Senate* 
APPROVED,  Auguft  the  twelfth,  .1790: 

GEORGE    WASHINGTON, 

Prcfident  of  the  United  States. 


ACTS 

t 

PASSED    AT    THE 

THIRD     SESSION 

OF      THE 

FIRST    CONGRESS 

O   F     T   H    E 

United  States  of  America, 

BEGUN  AND  HELD  AT  THE  CITY  OF  PHILADELPHIA, 
On  Monday  the  fixth  of  December, 

IN  THE  YEAR  M,DCC,XC  : 

AND     OF     THE 

Independence  of  the  United  States 
THE  FIFTEENTH. 


VOL.  I.  M  2 


ACTS 

O    F 

C      O     N     G      R     E     S     S. 

CHAPTER     I. 

An  Aft  fupplementary  to  the  ^.7,  hit  it  led 9  "An 
j4cl  making  further  Provifion  for  the  Payment 
of  the  Debts  of  the  United  States." 

WHEREAS  no  exprefs  provifion  has  Recitai. 
been  made  for  extending  the  act,  in- 
titled,  "  An  act  to  provide  more  effectually 
for  the   collection  of  the  duties  impofed  by 
law  on  goods,  wares  and  merchandize  impor- 
ted* into  the  United  States,  and  on  the  ton- 
nage of  fhips  or  veffels,"  to  the  collection  of 
the  duties  impofed  by  the  faid  "  Ad  making 
further  provifion  for  the  payment  of  the  debts 
of  the  United  States,"  doubts  concerning  the 
fame  may  arife :  Therefore,   Be  it  enabled  by  Prov;fion3 
the  Senate  and  Houfe  of  Representatives  of  the  «f  the  a«a 
United  States  of  America  in  Congrefs  a/embled, 
That  the  acl,  intitled,   "  An  act  to  provide  tics,  ex 
more  effeduaily  for  the  colleftion  of  the  du-  S^ 
ties  impofed  by  law  on  goods,  wares  and  mer-  king  fur- 
chandize  imported  into  the  United  States,  and 
on  the  tonnage  of  fhips  or  veffels,"  doth  and 
(hall  extend  to,  and  be  in  force  for  the  col- 
lection  of  the  duties  Ipecified  and  laid  in  and  states. 


by  the  act,  intitled,  "  An  acl  making  further 
prcvifion  for  the  payment  of  the  debts  of  ihe 
United  Suites,"  as  fully  and  effectually,  as  if 
every  regulation,  ref  friction, penal ty,provifion, 
claufe,  matter  and  thing  therein  contained,  had 
been  inferted  in  and  re-enacted  by  the  act  lafl 
aforefaid. 

FREDERICK  AUGUSTUS  MUHLENBERG, 
Speaker  of  the  Hcitfc  ofReprefentatives. 

JOHN  ADAMS,  Vicc-Prefident  of  the  United 
States,  and  Prcfidcnt  of  the  Senate. 

APPRO vEi>3  December  twenty-ieventh.  1790"- 
GEORGE  WASHINGTON, 

Prefidtn!  of  ihe  United  States. 


CHAPTER     II. 

An  Acl  to  provide  for  the  Unlading  of  Ships  or 
Vcjp!s9  i:i  Cafes  of  Qbftru&ion  by  Ice. 


Recital.       "^  }\  THE  RE  AS  it  foinetimes  happens,  that 

fhips  or  veilels  are  obftrucled  by   ice 

in  their  pafTage  to  the  ports  of  their  deftination, 

and   it   is  neceffary  that  provifion  .  fhould  be 

made  for  unlading  fuch  fhips  or  vefiels : 

in  cafes  of       Seclion  i .   EC  it  enafted  by  .the  Senate  and 

wbftmjSbon  pjOMre  Of  Rcprcfcntati'ves  of  the  United  States  cf 

ov  icc   col  *J       J  •*      •/  •/  J 

leetor  may  America  in  Congrefs  ajfemblcd^  That  in  all  cafes 

tr^'aT  aT'  WRere  a  ^^P  or  iv^flel  fliall  be  prevented  by  ice 

other  plane  from  getting  to  the  port  at  which  her  cargo 

d^ria, his  is  ^tended  to  be  delivered,  it  ihall  be  lawful  for 

the  collector  of  the  diftri£t,  in  which  fuch  fhip 

or  veifel  may  be  ib  obftructed,  to  receive  the 


[       2/7       ] 

report  and  entry  of  any  fuch  {hip  or  vefiel,  and 
with  the  confent  of  the  naval- officer  (where 
there  is  one)  to  grant  a  permit  or  permits  for 
unlading  or  landing  the  goods,  wares  or  mer- 
chandize imported  in  fuch  fhip  or  vetfel  at  any 
place  within  his  diftri&,  which  (hall  appear  to 
him  to  be  rnoft  convenient  and  proper. 

Sec.  2.  And  be  it  further  cnattcd,  That  the  Under  thc 
report  and  entry  of  fuch  ihip  or  veiiel,  and -of  «^a>  regu- 

i  i  ,-  j      it  latioru  ia 

her  cargo,  or  any  part  thereof,  and  all  penons  ul<lcrci;tfi. 
concerned  therein,  (hall  be  under  and  fubject 
to  the  fame  rules,  regulations,  reftricdons,  pe- 
nalties and  provilions,  as  if  the  faid  fhip  or  vcf- 
fcl  had  arrived  at  the  port  of  her  deidnation, 
and  had  there  proceeded  to  thc  delivery  of  hvir 
cargo.' 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  lioufc  of  Rcprefcntati-vcs. 

JOHN  ADAMS,  Vice-Prcfidcni  of  the  United 
States i  and  Prefident  of  thc  Senate. 

APPROVED,  January  the  feventh,  1791  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  Stetcs. 


C  H  A  P  T  E  R     III. 

An  A£l  to  continue  an  Aft^  intituled^  "  An  Act 
declaring  the  AJTcnt  of  Congrefs  to  certain  Arts 
of  the  States  of  Mary!and,Georgia^  and  Rhode- 
If  I  and  and  Providence  Plantations,"  fo  far  as 
the  fame  rcfpccts  the  States  of  Georgia,  and 
Rhode -IJland  and  Providence  Pollutions. 
(EXPIRED.) 


C   *?8    3 

CHAPTER     IV. 

An  An  declaring  the  Confent  of  Congrefs,  that  a 
nnv  State  be  formed  'within  the  Jurif diction 
tf  the  Commonwealth  of  Virginia,  and  admit- 
ted into  this  Union,  by  the  Name  of  the  State 
ef  Kentucky. 

WHEREAS  theLegiflature  of  the  Com- 
monwealth  of  Virginia,  by  an  ad  en- 
titled, "  An  aft  concerning  the  eredion  of  the 
diflridof  Kentucky  into  an  independent  (late/* 
parled  the  eighteenth  day  of  December,  one 
thoufand  feven  hundred  and  eighty-nine,  have 
consented,  that  the  diftrid  of  Kentucky,  with- 
in the  jurifdidion  of  the  laid  Commonwealth, 
and  according  to  its  actual  boundaries' at  the 
time  of  palling  the  ad  aforefaid,  Ihould  be 
formed  into  a  new  (late  :  And  whereas  a  con- 
vention of  delegates,  chofen  by  the  people  of 
the  laid  diftrict  of  Kentucky,  have  petitioned 
Congrefs  to  confent,  that,  on  the  firil  day  of 
June,  one  thoufand  feven  hundred  and  ninety- 
two,,  the  faid  diftrid  Ihould  be  formed  into  a 
new  date,  and  received  into  the  Union,  by  the 
name  of  "  the  State  of  Kentucky  :" 

€onfent  of      Sedion   i.  Be  it  enaded  by  the  Senate  and 
Congrefs     Hoitfe  cf  Reprefentatwes  of  the  United  States  of 
o^vh-ginil  America  in  Congrefs  ajfe?nbled,  and  it  is  hereby 
within  cer-  enacJed  and  declared.  That  the  Congrefs  doth 
lTic^TuC°nfent3  that  the  faid  diftrid  of  Kentucky, 
income  a  within  the  jurifdidion  of  the  Commonwealth 
'  of  Virginia,  and  according  to  its  adual  boun- 
daries, on  the  eighteenth  day  of  December, 
one  thoufand  feven  hundred  and  eighty-nine, 
fhall,  upon  the  firit  day  of  June,  one  thoufand 
feven  hundred  and  ninety-two,  be  formed  in- 


to  a  new  ftate,  feparate  from,  and  independant 
«f,  the  faid  Commonwealth  of  Virginia. 

Sec.  2.  And  be  it  further  enacted  and  declar-  when  and 
ed,  That  upon  the  aforefaid  fir  ft  day.  of -June,  ^J^J. 
one  thoufand  feven  hundred  and  ninety-two,  mined  into 
the  faid  new  ftate,  by  the  name  and  (tile  of  th8  uaioBr 
the  State  of  Kentucky,  mall  be  received  and 
admitted  into  this  Union,  as  a  new  and  entire 
member  of  the  United  States  of  America. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 

JOHN  ADAMS,  Vice-Preftdent  of  the  United 
States^  and  Prefident  of  the  Senate. 

APPROVED,  February  the  fourth,  1791  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


CHAPTER     V, 

An  Aft  declaring  the  Confent  of  Congrefs  to  a 

certain  A  ft  of  the  State  of  Maryland. 

(EXPIRED.) 


CHAPTER     VI. 

An  Aft  making  Appropriations  for  the  Support 
of  Government  during  the  Tear  one  thoufand 
feven  hundred  and  ninety -one ,  and  for  other 
Purpofes. 

BE  it  enacled  by  the  Senate  and  Houfe  ofRe- 
prefentatives  of  the  United  States  of  Ame- 
rica in  Congrefs  affembled.   That  there  be  ap- 
propriated the  feveral  Aims,  and  for  the  feve- 


[      cSo     ] 

ral  P}irPorc3  following,  to  wit :  A  fum  not  ex- 
/ -no-  ceeding  two  hundred  and  ninety-nine  thoufand 
two  hundredand  icventy-fix  dollars  and  fifty- 
three  .cents,  for  defraying  the  expenfes  of  the 
civil  lift,  as  eflimated  by  the  Secretary  of  the 
Trcafury,  in  the  fbtement,   number  one,  ac- 
companying his  report  to  the  Houfe  of  Repre- 
fentatives  of  the  fixth  inftant,  including  the 
contingencies  of  the  feveral  executive  officers, 
and  of  the  two  Houfes  of  Congrefs,  which  are 
hereby  authorized  and  granted  :  a  fum  not  ex- 
ceeding  fifty  thrufand  feven  hundred  and  fif- 
ty-fix  dollars  and  fifty-three  cents,  for  fatisfy- 
ing   the  feveral   objects  fpecified  in  the  ftatc- 
ment,  number  two,  accompanying  the  report 
aforefaid,  all  fuch  whereof,  as  may  not  nave 
been  heretofore   provided  for  by  law,  being 
hereby  authorized  ;  and  a  fum  not  exceeding 
three  hundred  and  ninety  thoufand  one  hun- 
dred and  ninety-nine  dollars  and  fifty-four  cents, 
men*  of      f°r  the  ufe  of  the  department  of  war,  purfuant 
war ;          to  the  Itatement,  number  three,  accompanying 
the  report  aforefaid,  including  therein  the  fum. 
of  one  hundred  thoufand  dollars,  for  defray- 
ing the  expenfes  of  an  expedition  lately  car- 
ried on  againft  certain  Indian  tribes  ;  and  the 
fum  of  eighty-feven  thoufand   four  hundred 
and  fixty-three  dollars  and  fixty  cents,  being 

invaHds-  &  t^le  amount  '°f  one  year's  penfions  to  invalids, 
together  with  the  contingencies  of  the  faid  de- 
out  of  what  partment,  which  are  hereby  authorized:  Which 
funds  pay-  feveral  fums  (hall  be  paid  out  of  the  funds  fol- 
lowing, namely,  The  fum  of  fix  hundred  thou- 
fand dollars,  which,  by  the  act,  intituled,  '"An 
a6t  making  proviiion  for  the  debt  of  the  Uni- 
ted States,"  is  referved  yearly  for  the  fupport 
of  the  government  of  the  United  States,  and 
their  common  defence  j  the  amount  of  fuch 


furplufes  as  may  remain  in  the  treafury,  after 
fatisfying  the  purpofes  for  which  appropriations  ^5  pay 
were  made,  by  the  acls  refpeftively,  intituled, 
"  An  act  making  appropriations  for  the  fer- 
vice  of  the  prefent  year,"  paffed  the  twenty- 
ninth  day  of  September,  one  thoufand  feven 
hundred  and  eighty-nine ;  "  An  ad  making 
appropriations  for  the  fupport  of  government 
for  the  year  one  thoufand  feven  hundred  and 
ninety,"  paifed  the  twenty-fixth  day  of  March, 
one  thoufand  feven  hundred  and  ninety  ;  "  An 
act  making  certain  appropriations  therein  men- 
tioned," patted  the  twelfth  day  of  Auguft, 
one  thoufand  feven  hundred  and  ninety,  and 
the  producl,  during  the  prefent  year,  of  fuch 
duties  as  mall  be  laid  in  the  prefent  feflion  of 
Congrefs. 

FREDERICK    AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United 
States^  and  Preftdent  of  the  Senate. 

APPROVED,  February  the  nth,  1791  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States^ 


CHAPTER     VII. 

An  Aft  for  the  AdmiJJion  of  the  State  of  Vermont 
into  this  Union. 

THE  State  of  Vermont  having  petitioned 
the  Congrefs  to  be  admitted  a  member 
of  the  United  States,  Be  it  enafted  by  the  Se- 
nate and  Houfe  of  Reprefentatiws  of  the  Untied 
VOL.  I.  N  2 


C   282    ] 

States  of  America  in  Congrefs  affembled^  and  it  u 
state  of  hereby  enacted  and  declared,  That  on  the  fourth 
Vermont  day  of  March,  one  thoufand  feven  hundred 
mittecHnto  an^  ninety-one,  the  faid  (late,  by  the  name  and 
union,  4th  ftile  of  "  the  State  of  Vermont,"  mail  be  re- 

ceived  and  admitted  into  this  Union,  as  a  new 

and  entire  member  of  the  United  States  of 

America. 

FREDERICK  AUGUSTUS   MUHLENBERG, 

Speaker  of  the  Honfe  of  Rcprefentatives. 
JOHN  ADAMS,  Vice-Prefidcnt  of  the  United 

States,  and  Prefedent  of  the  Senate. 
APPROVED,  February  the  iSth,  1791  : 
GEORGE  WASHINGTON, 
Prefident  of  the  United  States. 


CHAPTER     VIII. 

An  Aft  to  continue  in  Force ',  for  a  limited  Time, 
an  Acl  pajjed  at  the  firft  Sejfion  of  Congrefs , 
intituled,  "  An  acl  to  regulate  ProceJJes  in  the 
Courts  of  the  United  States." 

(EXPIRED.} 


CHAPTER     IX. 

An  Acl  regulating  the  Number  of  Reprefenta- 
tives  to  be  chofen  by  the  States  of  Kentucky 
and  Vermont. 

aau-  T)  E  //  enacled  by  the  Senate  and  Houfe  ofRe- 
JO  prefentatives  of  the  United  States  of  Ame- 
^Habitants  rica  in  Congrefs  ajjembled^  That  until  the  Re- 


prefentatives  in  Congrefs  fhall  be  apportioned  fotcs  of 
according  to  an  actual  enumeration  of  the  in-  ^J1  y^ 
habitants  of  the  United  States^  the  dates  of  mont,  en- 
Kentucky  and  Vermont  fhall  each  be  entitled 
to  choofe  two  Reprefentatives. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefcntative s. 
JOHN  ADAMS,  Vice-Prefidcnt  of  the  United 

States,  and  Prefident  of  the  Senate. 
APPROVED,  February  the  25th,  1791  : 
GEORGE  WASHINGTON, 
Prefident  of  the  United  States. 


CHAPTER     X. 

An  Act  to  incorporate  the  Subfcribers  to  the  Bank 
of  the  United  States. 

WHEREAS  it  is  conceived  that  the  ef-  preair.bfc 
tabliihment  of  a  bank  for  the  United 
States,  upon  a  foundation  fufficiently  extenfive 
to  anfwer  the  purpofes  intended  thereby,  and 
at  the  fame  time  upon  the  principles  which  af- 
ford adequate  fecurity  for  an  upright  and  pru- 
dent adminiftration  thereof,  will  be  very  con- 
ducive to  the  fuccefsful  conducting  of  the  na- 
tional finances ;  will  tend  to  give  facility  to 
the  obtaining  of  loans,  for  the  ufe  of  the  go- 
vernment, in  fudden  emergencies  ;  and  will 
be  productive  of  confiderable  advantages  to 
trade  and  induflry  in  general :  Therefore^ 


ing. 


Sec.  i .  BE  it  enacted  by  the  Senate  and  Houfc 
incut  of  a  ^  Rcprefentatives  of  the  United  States  of  Ame- 
ija.nstates,*e  rica  in  Congrefs  affembled,  That  a  bank  of  the 
*  adivhk>n  ^m't£d  States  fhall  be  eflablifhed  ;  the  capital 
of  its  ftock,  flock  whereof  mall  not  exceed  ten  millions 
of  dollars,  divided  into  twenty- five  thoufand 
mares,  each  fhare  being  four  hundred  dollars ; 
and  that  fubfcriptions,  towards  conflituting  the 
laid  flock,  fhall,  on  the  firfl  Monday  of  April 
next,  be  opened  at  the  city  of  Philadelphia, 
under  the  fuperintendance  of  fuch  perfons,  not 
lefs  than  three,  as  fhall  be  appointed  for  that 
purpofe  by  the  Prefident  of  the  United  States 
(who  is  hereby  empowered  to  appoint  the  faid 
perfons  accordingly)  which  fubfcriptions  mall 
continue  open,  until  the  whole  of  the  faid  flock 
mall  have  been  fubfcribed. 

Sec.  2.  And  be  it  further  enaffed.  That  it 
{hall  be  lawful  for  any  perfon,  co-partnermip3 
or  body  politic,  to  fubfcribe  for  fuch  or  fo  ma- 
ny mares,  as  he,  me,  or  they  mall  think  fit, 
not  exceeding  one  thoufand,  except  as  fhall  be 
hereafter  direfted  relatively  to  the  United 
States ;  and  that  the  fums,  refpeftively  fub- 
fcribed, except  on  behalf  of  the  United  States, 
mall  be  payable  one  fourth  in  gold  and  filver, 
and  three  fourths  in  that  part  of  the  public 
debt,  which,  according  to  the  loan  propofed 
in  the  fourth  and  fifteenth  feftions  of  the  aft, 
entitled,  "  An  aft  making  provifion  for  the 
debt  of  the  United  States,"  fhall  bear  an  ac- 
cruing interefl,  at  the  time  of  payment,  of  fix 
per  centum  per  annum,  and  fhall  alfo  be  pay- 
able in  four  equal  parts,  in  the  aforefaid  ratio 
of  fpecie  to  debt,  at  the  diflance  of  fix  calen- 
dar months  from  each  other ;  the  firfl  where- 
of fhall  be  paid  at  the  time  of  fubfcriptiom 


£y whom 
to  be  fub- 
fcribed. 


Prooor- 
tioas  of 
goid  and 


and 
the  public 
debt  to  be 
fubfcribed, 
and 


•when  to  be 
paid, 


C    285    ] 

Sec.  3.  And  be  it  further  enafted.  That  all  subfcribf  rs 
I  £hofe,  who  fhall  become  fubfcribers  to  the  faid  to  ^  *  i^- 
.bank,  their  fucceffors  and  affigns,  fhall  be,  and  dy  poli 
are  hereby  created  and  made  a  corporation 
and  body  politic,  by  the  name  and  flile  of  The  E7  what 
President,  Directors  and  Company  of  the  Bank  howbnjgtg 
of me  United  States  ;  and  fhall  fo  continue,  un-  continue. 
ti#he  fourth  day  of  March,  one  thoufand  eight 
Jpandred  and  eleven  :  And  by  that  name,  fhall 
^oe,  and  are  hereby  made  able  and  capable  in 
f  law,  to  have,  purchafe,  receive,  poffefs,  enjoy, 

and  retain  to  them  and  their  fucceffors,  kinds,    Pmvcrs- 
rents,  tenements,  hereditaments,  goods,  chat- 
tels and  effects  of  what  kind,  nature  or  quali- 
ty foever,  to  an  amount,  not  exceeding  in  the 
whole  fifteen  millions  of  dollars,  including  the 
amount  of  the  capital  flock  aforefaid  ;  and  the 
fame  to  fell,  grant,  deinife,  aliene  or  difpofe 
of ;  to  fue  and  be  fued,  plead  and  be  implead- 
ed,  anfwer  and  be  anfwered,  defend  and  be 
defended,  in  courts  of  record,   or  any  other 
place  whatfoever  :  And   alfo  to  make,  have, 
and  ufe  a  common  feal,  and  the  fame  to  break,  TO  have  a 
alter  and  renew,  at  their  pleafure  ;  and  alib  ftal> 
to  ordain,  eflablifh,  and  put  in  execution,  fuch       ^ 
bye-laws,  ordinances  and  regulations,  as  fliall  bHfli  bye- 
feem  neceffary  and  convenient  for  the  govern-  laws* 
ment  of  the  faid  corporation,  not  being  con- 
trary to  law,  or  to  the  conftitution  thereof  (for 
which  purpofe,  general  meetings  of  the  flock- 
holders  fhall  and  may  be  called  by  the  direc- 
tors, and  in  the  manner  hereinafter  fpecified) 
and  generally  to  do  and  execute  all  and  fingu- 
lar  acls,  matters  and  things,  which  to  them  it 
{hall  or  may  appertain  to  do  ;  fubject:  never r 
thelefs  to  the  rules,  regulations,  reflriftions, 
limitations  and  pro vifions  hereinafter  prefer jb- 
ed  and  declared. 


[     286     ] 

Sec.  4.  And  be  it  further  enabled,  That,  for 
tne  well  ordering  of  the  affairs  of  the  faid  cor- 
poration,  there  mall  be  twenty-five  directors  ; 
of  whom  there  (hall  be  an  election  on  the  firfl 
Monday  of  January  in  each  year,  by  the  flock- 
holders  or  proprietors  of  the  capital  flock  of 
the  faid  corporation,  and  by  plurality  of  the 
votes  actually  given  ;  and  thofe  who  {hall  be 
duly  chofen  at  any  election,  fhall  be  capable  of 
ferving  as  directors,  by  virtue  of  fuch  choice, 
until  the  end  or  expiration  of  the  Monday  of 
January  next  enfuing  the  time  of  fuch  elec- 
tion, and  no  longer.  And  the  faid  directors, 
And  of  a  at  their  fi1^  meeting  after  each  election,  fhall 
choofe  one  of  their  number  as  Prefident. 


Sec.  «;.    Provided  always,  and  be  it  further 

enafted,  That,  as  foon  as  the  fum  of  four  hun- 

vv'heii         dred  thoufand  dollars,  in  gold  and  filver,  fhall 

<oo,ooo      have  keen  aclually  received  on  account  of  the 

tiollars  in        r   .   r      .  (         ,  .  .    n        ,  .  .  r 

-old  or  ftu  fubicriptions  to  the  laid  fleck,  notice  thereof 
ver  fliaii  toe  ^aj]  j-^  p-iven  j^y  ^ne  perfons  under  whofe  fu- 

iubfcribcd,          .  o          '     y  r 

i  otice  i.c  penntendance  the  fame  fhall  have  been  made, 
2,vcn,  ^c>  in  at  leafl  two  public  gazettes  printed  in  the 
city  of  Philadelphia  ;  and  the  faid  perfons  mail, 
at  the  fame  time  in  like  manner,  notify  a  time 
and  place  within  the  faid  city,  at  the  diflance 
of  ninety  days  from  the  time  of  fuch  notifica- 
tion, for  proceeding  to  the  election  of  direc- 
tors  and  it  mail  be  lawful  for  fuch  election 


to  be  then  and  there  made  ;  and  the  perfons, 
who  {hall  then  and  there  be  chofen,  (hall  be 


fervicc.       tjle  fir[|  tlirtctors,  and  fhall  be  capable  of 

ing,  by  virtue  of  fuch  choice,  until  the  end  or 
expiration  of  the  "Monday  in  January  nexr  en- 
fui'ig  the  time  of  making  the  fame,  t,nd  fhall 
forthwith  thereafter  commence  the  operations 
of  the  laid  bank,  at  the  faid  city  of  Philadel- 
phia, And  fr^ddcd  further.  That,  in  cafe  it 


C   287    ] 

flioulj  at  any  time  happen,  that  an  election  of 
directors   fnould  not  be  made  upon  any  day 
when  purfuant  to  this  act  it  ought  to  havj 
been  made,  the  faid  corporation  lhali 
that  caufe,  be  deemed  to  be  diiTolved  ;  but  it 
{hall  be  lawful,  on  any  other  day,  to  held  and 
make  an  election  of  directors  in  fuch  ma:: 
as  (hall  have  been  regulated  by  the  laws  and 
ordinances  of  the  faid  corporation.    And  _ 
vidcdla/Uy,  That,  in  cafe  of  the  death,  re  nci(,5 

nation,  abfence  from  the  United  States,  or  re- 
moval of  a  director  by  the  ftockholders,  his 
place  may  be  filled  up,  by  a  new  choice,  for 
the  remainder  of  the  year. 

Sec.  6.  And  be  it  further  enacted.  That  the  .... 
directors  for  the  time  being  (hall  have  power 
to  appoint  fuch  officers,  clerks,  and  fervant; 
under  them,  as  (hall  be  neceffary  for  execu- 
ting the  bufmefs  of  the  faid  corporation,  and 
to  allow  them  fuch  compenfation,  for  their 
fervices  refpectively,  as  (lull  be  reafonabL  ; 
and  mail  be  capable  of  exercifmg  fuch  other 
powers  and  authorities,  for  the  well  govern;:. 
and  ordering  of  the  affairs  of  the  faid  corpora- 
tion, as  (hall  be  defcribed,  fixed,  and  deter- 
mined by  the  laws,  regulations,  and  ordinan- 
ces of  the  fame. 

Sec.  7.  And  be  it  further  enacted.  That  the 
following  rules,  reftriccions,  limitations  and        r 
provifions,  mail  form  and  be  fundamental  ar-  Cu- 
ticles of  the  conitituticn  of  the  faid  corpora- 
tion, viz. 

I.  The  number  of  votes  to  which  each  (lock-  gtockW: 
holder  fhall  be  entitled,  mall  be  according  to  d 
the  number  of  (hares  he  (hall  hold,  in  the  pro- 
portions  follov/iiiT:  That  is  to  fay,  for  ore 

n  i  i  n  '  -»b- 

(hare,  and  not  more  than  two  ihares,  one  vote  : 


C     238     ] 

For  every  two  fhares  above  two,  and  not  ex- 
ceeding ten,  one  vote  :  For  every  four  Ihares 
above  ten,  and  not  exceeding  thirty,  one  vote  : 
For  every  fix  (hares  above  thirty,  and  not 
exceeding  fixty,  one  vote  :  For  every  eight 
fhares  above  fixty,  and  not  exceeding  one  hun- 
dred, one  vote  :  And  for  every  ten  {hares  above 
one  hundred,  one  vote  :  But  no  perfon,  co- 
jpartnerfhip,  or  body  politic  fliall  be  entitled 
to  a  greater  number  than  thirty  votes.  And 
after  the  firft  election,  no  mare  or  (hares  fhall 
confer  a  right  of  fuffrage,  which  (hall  not  have 
been  holden  three  calendar  months  previous 
in  certain  to  the  day  of  election.  Stockholders  actually 
voJe'by17  refident  within  the  United  States,  and  none 
proxy.  other,  may  vote  in  elections  by  proxy. 
Number  of  IJ-  Not  more  t^lan  t^lree  fourths  of  the  di- 


rectors  in  office,  exclufive  of  the  prefident, 
ke  eligible  for  the  next  fucceeding  year  : 
year,  and    But  the  director,  who  (hall  be  prefident  at  the 
time  of  an  election,  may  always  be  re-elec~tedo 

who  are  di-  ^*  None  but  a  (tockholder,  being  a  citi- 
zeii  of  the  United  States,  mall  be  eligible  as  a 
director. 

IV.  No  director  (hall  be  entitled  to  any  emo- 
lument,  unlefs  the  fame  (hall  have  been  allow- 
ed by  the  ftockholders  at  a  general  meeting. 
The  ftockholders  (hall  make  fuch  compenfa- 
tion  to  the  prefident,  for  his  extraordinary  at- 
tendance at  the  bank,  as  (hall  appear  to  theni 
reafonable. 

How  to  V.  Not  lefs  than  feven  directors  (hall  con- 

a°boardte  ^tute  a  board  for  the  tranfaclion  of  bufmefs,- 
of  whom  the  prefident  (hall  always  be  one,  ex- 
cept in  cafe  of  ficknefs,  or  neceffary  abfence  ; 
in  which  cafe  his  place  may  be  fupplied  by  any 
other  director,  whom  he,  by  writing  under 
his  hand,  mail  nominate  for  the  purpofe. 


treafurerto 


t  289  ] 

VI.  A   number  of  (t'ockholders,  not  lefs  Dumber  of 
than  fixty,  who,  together  (hall  be  proprietors  ftr°;|c^1odu". 
of  two  hundred  (liares  or  upwards,  (hall  have  Cr4i  to  call 
power  at  any  time  to  call  a  general   meeting  ^' 

of  the  fiockholders,  for  purposes  relative  to 
•  he  inilitution,  giving  at  lead  ten  weeks  notice, 
in  t\vo  public  gazettes  of  the  place  where  the 
bank  is  kept,  and  fpecifying,  in  fuch  notice, 
the  object  or  objects  of  fuch  meeting. 

VII.  Everv  cafhier   or  treafurer,  before  he  C 

J  t          i  r    i  •          r>^  n      11   i       t 

enters  upon  the  duties  01  ins  cince,  Ihall  Bfeg 
required  to  give  bond,  with  two  or  more  fu  re- 
ties,  to  the  fatisfacticn  of  the  directors,  in  a 
fum  not  lefs  than  fifty  thoufand  dollars,  with 
condition  for  his  good  behaviour. 

VIII.  The  lands,  tenements  and  heredita-  L;m{tat?oa 

•s  •    i     •      r\     11   i       i         r    i   r         i       r  •  i  ot  proper- 

nicnts  which  it  mall  be  lawful  lor  tne  laid  cor-  tv; 
poration  to  hold,  fhall  be  only  fuch  as  ihall  be  re- 
quifite  for  its  immediate  accommodation  in  re- 
lation to  the  convenient  traniacling  of  its  bufi- 
ncirs,  and  fuch  as  (hall  have  been  bonafide  mort- 
gaged to  it  by  way  of  fecurity,  or  conveyed 
to  it  in  fatisfa&ion  of  debts  previoufly  contrac- 
ted in  the  courfe  of  its  dealings,  or  purcliafed 
nt  fales  upon  judgments  which  ihall  have,  been 
obtained  for  fuch  debts. 

IX.  The  total  amount  of  the  debts,  which 
the  faid  corporation  ihall  at  any  time  owe,  whe- 
ther  by  bond,  bill,  note,   or  other  contract,  owe. 
fli  all  not  exceed  the  fuin   of  ten  millions  of 
dollars,  over  and  above  the  monies  then  actu- 
ally depofited  in   the  bank  for  fafe  keeping, 
unlefs  the  contracting   of  any   greater   debt  i"  cafe  of 
fhall  have  been  previoufly  authorized  by  a  law  r^drs^c 
of  the  United  States.  In   cafe  of  excels,  the 
directors,  under  whofe  adininiilration  it  {hall 
happen,  fhall  be  liable  for  the  fame,  in  their 

VOL.  I,  O2 


C   290  '] 

natural  and  private  capacities  ;  and  ah  aclioi«i 
of  debt,  may  in  fuch  cafe,  be  brought  again  ft 
them,  or  any  of  them,  their  or  any  of  their 
heirs,  executors  or  adminiftrators,  in  any  court 
of  record  of  the  United  States,  or  of  either  of 
them,  by  any  creditor  or  creditors  of  the  faid 
corporation,  and  may  be  profecuted  to  judg- 
ment end  execution  ;  any  condition,  covenant, 
or  agreement  to  the  contrary  notwithstanding, 
inav  be       But  this  Shall  not  be  conPirued  to  exempt  the 
ecuteci.  fajc|    corporation,   or   the   lands,    tenements, 
goods  or  chattels  of  the  fame,  from  being  alfo 
liable  for  and  chargeable  with  the  faid  excefs. 
Exception  ^  Such  of  the  faid  directors,  who  may  have  been 
abfentcL°  abient  when  the  faid  excefs  was  contracted  or 
of  created,  or  who  may  have  diSTented  from  the 
refolution  or  act  whereby  the  fame  was  fo  ccn- 
tracted  or  created,   may  refpeftively  exone- 
rate themfelves  from  being  fo  liable,  by  forth- 
with giving  notice  of  the  fact,  and  of  their  ab- 
fence  or  diifent,  to  the  Prefident  of  the  United 
States,  and  to  the  Stockholders,   at  a  general 
meeting,  which  they  mall  have  power  to  call 
for  that  purpofe. 

Corpora-         X.  The  faid  corporation  may  fell  any  part 
IviT  S:    °f  tlie  Pu^n'c  debt  whereof  its  ftock  mall  be 
<kbcplin  '°    compofed,  but  fliall  not  be  at  liberty  to  pur- 
fofCpurUt    c^a^e  any  public   dgbt  whatfoever  ;    nor  (hall 
chafe,  &c,    directly  or  indireclly  deal  or  trade  in  any  thing, 
except  bills  of  exchange,  gold  or  filver  bullion, 
or  in  the  fale  of  goods  really  and  truly  pledg- 
ed for  money  lent  and  not  redeemed  in  due 
time;  or  of  goods  which  fliall  be  the  produce 
and  take      of  its  lands.  Neither  (hall  the  faid  corporation 
tbaViix^    t  :ke  more  than  at  the  rate  of  fi.:  per  centum 
per  cent.     Der  annum,  for  or  upon  its  loans  or  difcounts. 

pt-r  annum. 

XL  No  loan  fliall  be  made  bv  the  faid  cor- 


C 

poration,  for  the  uic  or  on  account  of  the  go-  HOW  &  for 
vernment  of  the  United  States,  to  an  amount  W^^Q" 
exceeding  one  hundred  thoufand  dollars,  or  make  loan*, 
of  any  particular  (late,  to  an  amount  exceeding 
fifty  thoufand  dollars,  or  of  any  foreign  prince 
or  itate,  unlefs  previouily  authorized  by  a  law 
c-f  the  United  States. 

XII.  The  flock  of  the  faid  corporation  ihall  And  wife, 
be  alngnable  and  transferable,  according  to  &c>  fiiaii 
fuch  rules  as  (hall  be  inftituted  in  that  behalf, 

by  the  laws  and  ordinances  of  the  fame. 

XIII.  The  bills   obligatory  and  of  credit, 
under  the  feal  of  the  laid  corporation,  which 
/hall  be  made  to  any  perfon  or  perfons,  ihall 

be  aflignable  by  indorfernent  thereupon,  un-  hc  afngna. 
der  the  hand  or  hands  of  fuch  perfon  or  per-  blc 
ions,  and  of  his,  her,  or  their  aflignee  or  af- 
fignees,  and  fo  as  abfolutely  to  transfer  and  and 
veil  the  property  thereof  in  each  and  every  af- 
fignee  or  ailignees  fucceffively,  and  to  enable 
fuch  alTignee  or  affignees  to  bring  and  main- 
tain an  aftion  thereupon  in  his,  her,  or  their 
own  name  or  names.  And  bills  or  notes,  which 
may  be  iffued  by  order  of  the  faid  corporation,, 
figned  by  the  prefident,  and  counteriigned  by 
the  principal  cafhier  or  treafurer  thereof,  pro- 
mifing  the  payment  of  money  to  any  perfoa  or 
perfons,  his,  her,  or  their  order,  or  to  bearer, 
though  not  under  the  feal  of  the  faid  corpora- 
tion, ihall  be  binding  and  obligatory  upon  the 
fame,  in  the  like  manner,  and  with  the  like 
force  and  effect,  as  upon  any  private  perfcn  or 
perfons,  if  hTued  by  him  or  them,  in  his,  her, 
or  their  private  or  natural  capacity  or  capaci- 
ties ;  and  ihali  be  afiignable  and  negotiable,  in 
like  manner,  as  if  they  were  fo  iiTued  by  fuch 
private  perfon  or  perfons  ;  that  is  to  fay,  thofe 
which  mail  be  payable  to  any  perfon  or  per- 


f oft s ,  hie,  her,  or  their  order,  fhall  be  afligna- 
ble  by  indorfement,  in  like  manner,  and  with 
the  like  effect,  as  foreign  bills  of  exchange  nov/ 
arc  ;  and  thofe  which  are  payable  to  bearer, 
(hall  be  negotiable  and  ailignable  by  delivery 
only. 

XIV.  Half  yearly  dividends  /hall  be  made 
of  f°  much  of  the  profits  of  the  bank,  as  (hall 
appear  to  the  directors  advifeable  ;  and  once 
in  every  three  years,  the  directors  fhall  lay  be- 
fore the  Itockholders,  at  a  general  meeting, 

•  •  ••••-  o™ 

for  their  information,  an  exact  and  particular 
ftatement  of  the  debts,  which  fhall  have  remain- 
ed unpaid  after  the  expiration  of  the  original 
credit,  for  a  period  of  treble  the  term  of  that 
credit ;  and  of  the  furplus  of  profit,  if  any,  af- 
ter deducting  lodes  and  dividends.  If  there 
{hall  be  a  failure  in  the  payment  of  any  part 
of  any  fum,  fubfcrlbed  by  any  pcrfon,  co-part- 
nerfliip,  or  body  politic,  the  party  failing  fhali 
lofe  the  benefit  of  any  dividend,  which  may 
have  accrued,  prior  to  the  time  for  making 
fuch  payment,  and  during  the  delay  of  the 
fame. 

offices  may  XV.  It  (hall  be  lawful  for  the  directors 
Le :  etta-  aforefaiJ,  to  eftablifll  ofHccs  wherefoever  they 
whhta  u.  fhall  think  fit,  within  the  United  States,  for 
the  purpofes  oi:  difcount  and  dcpofit  only, 
an^  upon  the  fame  terms,  and  in  the  fame 
manner,  as  f^all  be  practifed  at  the  bank ; 
and  to  commit  the  management  of  the  faid 
offices,  and  the  making  of  the  faid  difcounts, 
to  fuch  perfons,  under  fuch  agreements,  and 
fubject  to  fuch  regulations  as  they  ihail  deem 
proper  ;  net  being  contrary  to  law,  or  to  the. 
constitution  of  the  bank. 

XVI.  The  officer  at  the  head  of  the  treafu* 


ry  J,-jv.mment'  of  the  United  States,  mall  be  °-;;r  ;* 
furniihed,  from  time  to  time,   as  often  aa  he 


not  ^  exceeding  once  a  week, 
with  ilatemeiits  of  the  amount  of  the  capital 
{tockof  the  (aid  corporation,  and  of  the  debts  Tncnts> 
due  to  the  lame  ;  of  the  monies  depofited  there- 
in ;  of  the  notes  in  circulation,  and  of  the  cafli 
in  hand  ;  and  mall  have  a  right  to  infpeclfuch 
general  accounts  in  the  bocks  of  the  bank,  as 
ihrdl  relate  to  the  faid  ftatements  :  Provided, 
That  this  ilidl  not  be  conftrued  to  imply  a  Nnt  of  ^,  . 
right  of  infpefting  the  account  of  any  private 
individual  or  individuals  with  the  bank. 

Sec.  8.  And  be  it  further  c:\;clcd^  That  if 
the  faid  corporation,  or  any  perfon  or  perfons  j1^  "J 
for  or  to  the  life  of  the  fame,  mall  deal  or  goods  &c. 
trade  in  buying  or  felling  any  goods,  wares, 
merchandize,  or  commodities  whatfoever,  con- 
trary to  the  provifions  of  this  aft,  all  and  eve- 
ry perfon  and  perfon.;,  by  whom  any  order  cr 
direction  'for  ib  dealing  or  trading  mail  have 
been  given,  and  all  and  every  perfon  and  per- 

{  fons  who  (hall  have  been  concerned  as  parties 

I  or  agents  therein,  frail  forfeit  and  loie  treble 
the  value  of  the  good?,  wares,  merchandizes, 
and  cc\  ios,  in  which  fucli  dealing  and. 

trade  mall  have  been  ;  one  half  thereof  to  the 
u  fo  of  the  informer,  and  the  other  half  there- 

•    cf  to  the  ufe  of  the  United  States,  to  be  reco- 

:"  vered  \vith  coils  of  fuit. 

Sec.   9.  And  be  it  further  enact  cd^  That  if  H^-,v  rr.<>- 
the  faid  corporation  iliall  advance  or  lend  any  "j 
fuin,  for  the  ufe  or  on  account  of  the  govern- 
inent  of  the  United  States,  to  an  amount  ex- 
ceeding one  hundred  thoufend  dollars  ;  cr  cf 

I  any  particular  Hate  to  an  aniount  exceeding 
fifty  thoufand  dollars  ;  or  of  any  foreign  prince 

i  or  ilate,  (unlefs  previcufly  authorized  thereto 


294 

by  a  law  of  the  United  States)  all  and  every 
perfon  and  perfons,  by  and  with  whofe  order, 
agreement,  content^  approbation,  or  conni- 
vance, fuch  unlawful  advance  or  loan,  {hall 
have  been  made,  upon  conviction  thereof, 
ihall  forfeit  and  pay,  for  every  fuch  offence, 
treble  the  value  or  amount  of  the  fum  or  fums 
which  ihall  have  been  fo  unlav/mlly  advanced 
or  lent ;  one  fifth  thereof  to  the  ufe  of  the  in- 
fonncr,  and  the  refidue  thereof  -to  the  ufe  of 
the  United  States  ;  to  be  difpofcd  of  by  law 
and  net  other/wife. 

notctoiadc       Sec.    10.   And  be  it  further  enacted \  That 
receivable    the  bills  or  notes  of  the  faid  corporation,  ori- 
sfatesmtc     ginaliy  made  payable,  or  which  ihall  have  be- 
come payable  on  demand,  in  £cld  and  filver 
coin,  ihall  be  receivable  in  ail  payments  to  the 
United  States. 

Sec.  IT.  An.l  be  it  further  cnzttcd>  That 
i£  *al1  bc  Iawful  fc-  the  prefident  of  the  Uni- 
by  United  ted  States,  at  any  time  or  times,  within  eicjh- 
?oa£jJ2£  teeii  months  after  the  fir  ft  day  of  April  next, 
&c.  to  c:iufc  a  fiibfcrlption  to  be  made  to  the  flock 

of  the  faid  corporation,  as  part  of  the  aforefaid 
Capital  fleck  often  millions  of  dollars,  on  be- 
ifofthe  United  States,  to  an  amount  not 
exceeding  two  millions  of  dollars  ;  to  be  paid 
F  the  monies  which  ihail  be  borrowed  by 
virtue  of  either  of  the  acts,  the  one  entitled, 
^  An  act  making  provifionfor  the  debt  of  the 
United  States  ;""anc!  the  other  entitled,  "  An 
;  provifion  for  the  reduelion  of  the 
public  debt ;"  borrowing  of  the  bank  an  equal 
umi,  to  be  applied  to  the  purpofes,  for  which 
the  faid  monies  mall  have  been  procured ;  re- 
imburfable  in  ten  year.-,  by  equal  annual  in- 
ftaiinients  ;  or  at  any  time  fooner,  or  in  any 


C     '95     1 

greater  proportions,  that  the  government  may 
think  fit. 

Sec.  12.  And  be  it  further  cnaftcd,  That 
no  other  bank  (hall  be  eftablifned  by  any  fu- 
lure  law  of  the  United  States,  during  the  con- 
tinuance of  the  corporation  hereby  created  ; 
for  which  the  faith  of  the  United  States  is 
hereby  pledged. 
FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Hcufe  of  Repreferitati-vcs. 
JOHN  ADAMS,  Vicc-Prc/ident  "of  the  United 

States,  and  Prefidcnt  of  the  Senate. 
APPROVED,  February  the  25th,   1791  : 
GEORGE  WASHINGTON, 
Prefident  cfihe  United  Suites. 


CHAPTER     XI. 

An  Act  fupplementory  to  the  Acl,  intituled,  "  An 
Ad  to  incorporate  the  Subfcribers  to  the  Bank 
of  the  United  States. 


Sec. 


i. 


E  ;>  enabled  by  the   Senate  and 
L3   Houfc  of  Reprefcntati-ves  qf  th. 


United  States  of  America  in  Congrefs  affenibled% 
That  the  fubfcriptions  to  the  flock  of  the  bank 
of  the  United  States,  as  provided  by  the  act, 
intituled,  "  An  act  to  incorporate  the  fubfcri-  *™  0118td 
bers  to  the  bank  of  the  United  States,"  {hall 
not  be  opened  until  the  tiril  Monday  in  July 
nexr. 

Sec.  2.  And  be  it  further  enacted ^  That  fo  THo  of 
much  of  the  iirfl  payment  as   by  the  faid  a^  fi.ftpay-. 
is  direcled  to  be  in  the  fix  per  cent,  certificates  ment- 
of  the  United  States,  may  be  deferred  until 
the  firll  Monday  in  January  next. 


t 

Not  more  ^       Sec.  3.  ^,v,f  fo  it  further  enacled^  Thatn-? 
to'bc  perfon,  corporation,  or  body  politic,  except  in 
behalf  of  thc  ^"ited  States/fhall,  for  the  fpace 
'  of  three  months  afr.sr  the  faid  firfl  Monday  in 
July  next,  fubfcribs  in  any  one  day  for  more 
than  thirty  (hares. 

"       Scc<  *•  And  be  it  further  cnaclcd,  That  eve- 
to  be  ry  fubfcriber  fhall,  at  the  time  of  fubfcribin^, 
Pa7  intotae  haiv's  of  the  perfon-  V/:D  ffiall  be 
future  nay-  appointed  to  receive  the  fame,  the  fpecie  pro- 
forici't  lfum  Porti°n  required  by  the  faid  ad:  to  be  then  paid. 
tirftpaid.     And  if  any  fuch  fubfcriber  fliall  fail  to  make 
any  of  the   future  payments,  he  (hall  forfeit 
the  fum  fo  by  him  fir  ft  paid,  for  the  ufe  of  the 
corporation. 

Sec.  5.  And  be  It  further  enaficd^  That  fuch 

!"anrcr '     Fart  °^  tne  Pu^u'c  ^^^  including  the  afTunied 
pni.iic  debt  debt,  as  is  funded  at  an  intcreft  of  three  per 

!Tdct^  3  cent-  ma>T  k°  P^  to  ^le  ^an^9  m  ^i]^e  m'iri- 
id  nei*  with  the  debt  funded  at  fix  per  cent,  com- 
putjng  the  vaiue  of  the  former  at  one  half  the 
value  of  the  latter,  and  referving  to  the  fub- 
fcribers  \TIIO  mall  have  paid  three  per  cent, 
flock,  the  privilege  of  redeeming  the  fame 
with  fix  per  cent,  flock,  at  the  above  rate  of 
computation,  at  any  time  before  the  firil  day 
of  January,  one  thcufand  feven  hundred  and 
ninety- three ;  unlefs  the  three  per  cent,  flock 
fhall  have  been  previoufly  diipofed  of  by  the 
directors. 

FREDERICK  AUGUSTUS  MUHLENBERG, 
Speaker  of  the  Houfe  of  Reprefeniatives* 

JOHN  ADAMS,  Vicc-PrefiJent  of  tbe  United 

States,  and  Prcfidcni  cf  the  Senate. 

APPROVED,  March  the  fecond.  1791  : 
GEORGE  WASHINGTON, 

Prefidcnt  ofihe  United  States. 


t  297  ] 

CHAPTER     XIL 

An  Aft  giving  Ejfcfl  to  the  Laws  of  the  United 
States  within  the  State  of  Vermont. 

Section  i.  TTJE  //  enaclcd  by  the  Senate  and 
Jj  Houfe  of  Rcprefeniativcs  of  the 
United  States  cf  America,  in  Congrefs  ajjcmblcd^ 
That  from  and  after  the  third  day  of  March  Laws  of  the 
next,  all  the  laws  of  the  United  States,  which  ^cnd^d'to 
are  not  locally  inapplicable,  ought  to  have,  and  Vermont; 
fhall  have,  the  fame  force  and  effect  within  the 
(late  of  Vermont,  as  elfewhere  within  the  Uni- 
ted States. 

And  to  the  end  that  the  act,  intituled,  "  An 
sd  to  eftablifh  the  judicial  courts  of  the  United 
States,"  may  be  duly  adminiftered  within  the 
faid  ilate  of  Vermont, 

Sec.  2.   Be  it  further  enacled.  That  the  faid  Vermontto 
flate  (hall  be  one  diftrid,  to  be  denominated  ivadiftrust 
Vermont-Diftrid ;  and  there  mall  be  a  diftrid  j^™  * 
court   therein,  to  confift   of  one  judge,  who  court  and 
•fhall  refide  within  the  faid  diftrid,  and  be  cal-  judge* 
led  a  diftrid-judge,  and  mall  hold  annually 
four  fellions  ;   the  firft  to  commence  on  the  Number  & 
fir  ft  Monday  in  May  next,  and  the  three  other  ^  oi'fcf- 
feiHons  progreffively  on  the  like  Monday  of  lf 
every  third  calendar  month  afterwards.  The  anci  whcrc- 
faid  diftrid  court  fhall  be  held  alternately  at  held, 
the  towns  of  Rutland  and  Windfor,  beginning 
at  the  firft. 

Sec.  3.  And  be  it  further  enacted ,  That  the  Annexed  to 
.faid  diftrid  fhall  be,  and  the  fame  hereby  b--^S|S2 
annexed  to   the   enftern  circuit.    And  there  havea'.cir- 
fhall  be  held  annually  in  the  faid  diftrid  one  cuit  courti 
circuit  court ;  the  firft  fefiion  fhall  commence 
on  the  feventeenth  day  of  June  next,  and  the 
VOL.  I.  'Pa 


fubfequent  feflions  on  the  like  day  of  June  af- 

terwards, except  when  any  of  the  faid  days 

'  mall  happen  on  a  Sunday,  and  then  the  feffion 

fhall   commence  on  the  day   following  ;  and 

.  the  faid  feffions  of  the  faid  circuit  courts  fhall 
where  held.  .      ,     .  .  r  „ 

be  held  at  the  town  or  Benmngton. 


a-  ^ec*  4*  ^nd  ^e  it  furt  her  cnciclcd^  That  there 
the  mall  be  allowed  to  the  judge  of  the  faid  diiirict 
court  the  yearly  compeniation  of  eight  hun- 
dred dollars,  to  commence  from  the  time  of 
his  appointment,  and  to  be  paid  quarter-yearly 
at  the  treafury  of  the  United  States. 

Sec.  c.  And  be  it  further  enaftcd,  Tha-t  all 

An  enmre-     ,  •{  J.  -  ..       ^  .  •  , 

rat;  >n  of  the  regulations,  provifions,  directions,  authon- 
the  mhai.i-  kes.  penalties  and  other  matters  whatfoever, 

tarns  to  be  .  . 

made.        (except  as  herein  afterwards  is  expreisly  pro- 

vided) contained  and  exprefled  in  and  by  the 

act,  intituled,  "  An  acl  providing  for  the  enu- 

meration of  the  inhabitants    of  the   United 

States,"  fhall  have  the  fame  force  and  effect 

within  the  faid  (late  of  Vermont,  as  if  the  fame 

were,  in  relation  thereto,   repeated  and  re- 

enacted  in  and  by  this  prefent  act. 

tnumcra-        Sec.  6.   And  be  it  further  enafted  r,  That  the 

tion  of  in.  enumeration  of  the  inhabitants  of  the  faid  (late 

habitants*       T»,  i       ^    n  T\/T        t  ^«-i 

fhall  commence  on  the  hrit  Monday  or  April 
next5  and  fhall  clofe  within  five  calendar  months 
thereafter. 

Conner..-  Sec.  7.  And  be  it  further  enafted,  That  the 
tion^Vo  the  niarfhal  of  the  diflrict  of  Vermont  flial'l  receive 
therefor,  in  full  compenfation  for  all  the  duties  and  fer- 

vices  confided  to,   and  enjoined  upon  him  in 

and  by   this   act  in   taking  the  enumeration 

aforeikid,  two  hundred  dollars. 

And  that  ths  act,   intituled,  "  An  act   to 

provide  more  effectually  for  the  collection  of 

111...  riii  i  i 

the  duties  impoled  by  law  on  goods,  wares  and 


on 

articles  i 


C    299   ] 

merchandize  imported  into  the  United  States,  w;dun  faid 
and  on  the  tonnage  of  (hips  and  veflels,"  may  f0at£ehc0J. 
be  carried  into  eflec~l  in  the  faid  (late  of  Ver-  k^cd/ 
mont  : 

Sec.  S.  Re  it  further  cnacled^  That  for  the 
due  collection  of  the  laid  duties,  there  ihali 
be  in  the  faid  (late  of  Vermont  one  diftricl ;  » 
and  a  collector  fhall  be  appointed,  to  refide  at 
Allburgh  en  Lake  Champlain,  which  fhall  be 
the  only  port  of  entry  or  delivery  within  the  Port  of  eu, 
faid  diflricl:,  of  any  goods,  wares  or  merchan- 
dize, not  the  growth  or  manufacture  of  the 
United  States. 

Provided  ne-vcrlhehfs^  That  the  exception 
cor^ained  in  the  fixty-ninth  fection  of  the  ac> 
lafl  above  mentioned,  relative  to  the  diftrict  of 
Louifville,  mall  be  and  is  hereby  extended  to 
the  faid  port  of  Allburgh. 

FREDERICK  AUGUSTUS   MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefcntalivcs. 
JOHN  ADAMS,  Vice- Prefident  of  the  United 

States,  and  Prefident  of  the  Senate. 
APPROVED,  March  the  fecond,  1791  : 
GEORGE  WASHINGTON, 
Prefident  of  the  United  States. 


CHAPTER     XIII. 

An  Ac~l  to  explain  and  amend  an  Atf,  intituled, 
"  An  Act  making  further  Provifion  for  the 
Payment  of  the  Debts  cf  the  United  States." 

Seclion   i.   "|3   E  ;/  enacted  bj  the  Senate  and 

JT]J   Ilwfe  of  Representatives  of  the 

United  States  of  America  in  Congrcfs  ajjembled*, 

That  the  duty  of  cue  cent  per  pound,  laid  by 


C   3°°   3 

laid  the  aft  "  making  further  provifion  for   the 
Pavment  of  the  debts  of  the  United  States," 
manufac-    on  bar  and  other  lead,  (hall  be  deemed  and 
lead!  °f      taken  to  extend  to  all  manufa&ures  wholly  of 
lead,  or  in  which  lead  is  the  chief  article,  which 
fhall  hereafter  be  brought  into  the   United 
States,  from  any  foreign  port  or  place. 

Duty  laid        Sec.  2.  And  be  if  further  enabled.  That  the, 
on  chintzes  duty  of  feven  and  a  half  per  cent  ad  valorem, 
ded  toXma"  laid  by  the  act  aforefaid  on  chintzes,  and  co- 
of  cokjur*d  *oure^  calicoes,  fliall  be  deemed  and  taken  to 
linen  or      extend  to  all  printed,  flained,  and  coloured 
cotton.       goods,  or  manufactures  of  cotton,  or  of  linen, 
or  of  both,  which  hereafter  fhall  be  brought 
into  the  United  States  from  any  foreign  psrt 
or  place. 

Provided  always.  That  nothing  in  this  acl 
fhall  in  any  wiie  affeft  the  true  conflruclion  or 
meaning  of  the  acl:  aforefaid  in  relation  to  any 
of  the  above  defcribed  articles  brought  into 
the  United  States  before  the  paffing  of  this  acl. 
FREDERICK  AUGUSTUS  MUHLENBERG, 
Speaker  of  the  Houfe  of  Refrefentati^es. 

JOHN  ADAMS,  Vice-Prefidcnt  of  the  United 

States,  and  Prefidmt  of  the  Senate. 
APPROVED,  March  the  fecond,  1791  : 
GEORGE  WASHINGTON, 

Prefident  of  the  United  States, 


C  H  A  P.T  E  R     XIV. 

An  Ad  fxing  the  Time  for  the  next  annual 

Meeting  of  Congrefs, 

(EXPIRED. j 


c 

CHAPTER     XV. 

An  Act  repeating,  after  the  loft  Day  of  June 
n:xt,  the  Duties  heretofore  laid  upon  dijiitled 
Spirits  imported  from  Abroad,  and  laying  others 
in  their  Stead  ;  and  alfo  upon  Spirits  diftilled 
ivithin  the  United  States,  and  for  appropria- 
ting the  fame. 

Seclion  i.   T>  E  //  enacled  by  the  Senate  and 

AJ$  lioufe  of  Rcprefentativcs  of  the 

United  States  of  America  in  Congrefs  ajjcmbled^ 

That  after  the  lad  day  of  June  next,  the  du- 

,  ties  laid  upon  diftilled  fpirits  by  the  act,  inti- 
tuled, "  An  act  making  further  provifion  for 

>  the  payment  of  the  debts  of  theUnited  States," 
Jfhall  ceafe  ;  and  that  upon  all  diftilled  fpirits  Duties  t 
which  mall  be  imported  into  the  United  States  he  pai<? 
after  that  c::iy,  from  z:iy  foreign  port  or  place, 
there  ihail  be  paid  for  their  ufe  the  duties  fol- 
lowing ;  that  is  to  fay  :  For  every  gallon  of 
thofe  fpirits  more  than  ten  per  cent  below 
proof,  according  to  Dicas's  hydrometer,  twen- 
ty cents.    For  every  gallon  of  thofe  fpirits  un- 

r  der  five,  and  not  more  than  ten  per  cent  below 
proof,  according  to  the  fame  hydrometer,  twen- 
ty-one cents.  For  every  gallon  of  thofe  fpirits 
of  proof,  and  not  more  than  five  per  cent  be 
low  proof,  according  to  the  fame  hydrometer, 
twenty-two  cents.  For  every  gallon  of  thofe 
fpirits  above  proof,  but  not  exceeding  twenty 
per  cent  according  to  the  fame  hydrometer, 
twenty-five  cents.  For  every  gallon  of  thofe 
fpirits  more  than  twenty,  and  not  more  than 
forty  per  cent  above  proof,  according  to  the 
fame  hydrometer,  thirty  cents.  For  every  gal- 
lon ef  thofe  fpirits  more  than  forty  per  cent 
above  proof,  according  to  the  fame  hydrome- 

l  ter,  forty  cents. 


C     3°^    '] 


Sec.  2.  And  be  it  further  cnafied^  That  the 
faid  duties  {hall  be  collected  in  the  fame  man- 
ner, by  the  fame  perfons,  under  the  fame  regu- 
lations, and  fubject  to  'the  fame  forfeitures  and 
other  penalties,  as  thofe  heretofore  laid  ;  the 
aft  concerning  which  {hall  be  deemed  to  be 
in  full  force  for  the  collection  of  the  duties 
herein  before  impofed,  except  as  to  the  alter- 
ations contained  in  this  act. 

Sec.  3.  And  be  It  further  enatted,  That  the 
payment  &id  duties,  when  the  amount  thereof  mail  not 
thereof  exceed  fifty  dollars,  mall  be  immediately  paid  ; 
fecured.  but  when  the  faid  amount  {hall  exceed  fifty, 
and  mail  not  amount  to  more  than  five  hun- 
dred dollars,  may,  at  the  option  of  the  propri- 
etor, importer  or  confignee,  be  either  imme- 
diately paid,  or  fecured  by  bond,  with  condi- 
tion for  the  payment  thereof  in  four  months  ; 
and  if  the  amount  of  the  faid  duties  mall  ex- 
ceed five  hundred  dollars,  the  fame  may  be 
immediately  paid  or  fecured  by  bond,  with  con- 
dition for  the  payment  thereof  in  fix  months  ; 
which  bond,  in  either  cafe,  at  the  like  option 
of  the  proprietor,  importer  or  confignee,  mail 
either  include  one  or  more  fureties  to  the  fa- 
tisfaction  of  the  collector,  or  perfon  acting  as 
fuch,  or  mail  be  accompanied  with  a  depofit  in 
the  cuftody  of  the  faid  collector,  or  perfon  ac- 
ting as  fuch,  of  fo  much  of  the  faid  fpirits  as 
(hall  in  his  judgment  be  a  fufficient  fecurity  for 
the  amount  of  the  duties  for  which  the  faid 
bond  {hall  have  been  given,  and  the  charges 
of  the  fafe  keeping  and  fale  of  the  fpirits  fo 
depofited  ;  which  depofit  mall  and  may  be 
accepted  in  lieu  of  the  faid  furety  or  fureties, 
and  mail  be  kept  by  the  faid  collector,  or  per- 
fon acting  as  fuch,  with  due  and  reafonable 
care  at  the  expenfe  and  rifk  of  the  party  cr 


r 

parties  on  whofe  account  the  fame  fhall  have 
been  made  ;  and  if  at  the  expiration  of  the 
time  mentioned  in  the  bond  for  the  payment 
of  the  duties  thereby  intended  to  be  fecured, 
the  fame  (hall  not  be  paid,  then  the  faid  de- 
pofited  fpirits  mall  be  fold  at  public  fale, 
and  the  proceeds  thereof,  after  deducting  the 
charges  of  keeping  and  fale,  fhall  be  applied 
to  the  payment  of  the  whole  fum  of  the  duties 
for  which  fuch  depofit  (hall  have  been  made, 
rendering  the  overplus  of  the  faid  proceeds, 
and  the  refidue  of  the  faid  fpirits,  if  any  there 
be,  to  the  perfon  or  perfons  by  whom  fuch 
depofit  fhall  have  been  made,  or  to  his,  her  or 
their  reprefentatives. 

Sec.  4.  In  order  to  a  due  collection  of  the 
duties  inipofed  by  this  acl,  Be  it  further  cnaflcd, 
That  the  United  States  fhall  be  divided  into 
fourteen  diftrifts,  each  confiding  of  one  (late, 
but  fubject  to  alterations  by  the  Prefidcnt  of 
the  United  States,  from  time  to  time,  by  ad-  J^.1 
ding  to  the  finaller  fuch  portions  of  the  greater 
as  mail  in  his  judgment  bed  tend  to  fecure 
and  facilitate  the  collection  of  the  revenue  ; 
which  diftricls  it  fhall  be  lawful  for  the  Prefi- 
dcnt  of  the  United  States  to  fubdivide  into  Diftncis  to 
furveys  of  infpeclion,  and  the  fame  to  alter  at  be  r".1)div»- 

1    '         IT  •  mi  i          ~r*         f    i  i  t  r'f"    IJUtO 

his  diicretion.     1  hat  the  Preiident  be  autho-  furveys  of 
rized  to  appoint,  with  the  advice  and  confent  »» 
of  the  Senate,  a  fupervifor  to  each  diftrict,  and 
as  many  infpedors  to  each  furvey  therein  as  for 
he  fhall  judare  necefTarv,  placincr  the  latter  un-  -pn 

',      J,-    6o..  r     ^       r  r>         -j  j      /     for  the  tlif- 

der  the  direction  of  the  former.  Provided  a!-  t,-i^s,anci 
Tcv7u.  Thut  it  fiiall  and  may  be  lawful  for  the  'nipectors 

i^'i"j  '1.1  !•?  r  r    i         for  the  fur- 

Prehdcnt,  with  the  advice  and  confent  or  the  VCyS. 
Senate,  in  his  diicretion  to  appoint,  fuch  and 
fo  many  officers  of  the  cuftorns  to  be  infpcc- 
tors  in  any  furvey  of  infpeclion  as  he  lhall  deem 


C     3°4     1 

advifable  to  employ  in  the  execution  of  this 
Officers  of  a&  .  Proved  aif0   That  where,  in  the  iudg;- 

thccuftooM  r     .       _    /,  '  r  '.,.  J     jv- 

andfupcr-   meRt  of  the  Preiident,  a  lupervnor  can  dii- 
bieTsin?1"  cnarge  the  duties  of  that  office,  and  alfo  that 
fpeiors.     of  infpcclor,  he  may  direct  the  lame  :    And 
provided  further^  That  if  the  appointment  of 
the  infpectors  of  furveys,  or  any  part  of  them, 
mall  not  be  made  during  the  prefent  feilion  of 
A    c^t      Congrefs,  the  Preiident  may,  and  he  is  hereby 
mcnt  of  in-  empowered  to  make  fuch  appointments  during 
bP-CmadV°  ^le  rece^s  °f  tne  Senate,  by  granting  commif- 
fions  which  mail  expire  at  the  end  of  their 
next  feffion. 


Sec.  5.  And  be  it  further  enafled^  That  the 
ec-  fupervifors,   infpeclors  and  officers  to  be  ap- 
&  pointed  by  virtue  of  this  acl,  and  who  fliall  be 


records  of    charged  to  take  bonds  for  fecuri.:in;  the  pay 

their  trnnf-  °     r    ,         ,  r   .    .         -,.n?n  •  i 

actions;  ment  or  the  duties  upon  Ipints  diiulied  with- 
in the  United  States,  and  with  the  receipt  of 
monies  in  difcharge  of  fuch  duties,  fliall  keep 
fair  ajd  true  accounts  and  records  of  their 
tranfactions  in  their  refpeclive  offices,  in  fuch 
manner  and  form  as  may  be  directed  by  the 
proper  department  or  officer  having  the  fupcr- 
intendance  of  the  collection  of  the  revenue, 
ant*  ^ial!  at  a^  ^mes  fubmit  their  books,  pa- 
pers  and  accounts  to  the  infpeclion  of  fuch 
perfons  as  are  or  may  be  appointed  for  that 
purpofe,  and'  (hall  at  all  times  pay  to  the  or- 
der  of  the  officer,  who  is  or  fhalfbe  authori- 
zed  to  direcl  the  payment  thereof,  the  whole 
°^  ^le  mon^es  which  they  may  refpeclively  re- 

and  ceive  by  virtue  of  this  act,  and  mail  alfo  once 

in  every  three  months,  or  oflener  if  they  mall 
be  required,  tranfmit  their  accounts  for  fet- 

Ccttlc  their      *  -,  ,v  a>  -,       r       , 

Hccfiin»s     tlement  to  the  oihcer  or  officers  whole  duty  it 
<ja;irte:-!y.    is   or  f]ia|[  |^e  to  ma}ce  fuch  fettlement. 


C   305   3 

Sec.  6.  And  be  it  further  enattcd^  That  all  perf< 
Officers  and  pcrforis  to  be  appointed  purfuant  »e  appoint 
to  this  act,  before  they  enter  on  the  duties  of  " 
their  refpcctive  offices,   mall  take  an  oath  or  talc- 
affirrn'ution   diligently  and  faithfully  to  exe- 
cute the  duties  of  their  faid  offices  refpcclively, 
and  to  ufe  their  beft  endeavors  to  prevent  and 
detect  frauds,  in  relation  to  the  duties  on  fpi- 
rits  impofed  by  this  aft,  which  oath  or  affir- 
mation  may  be  taken  before  any  magiftrate 
authorized  to  adminiiter  oaths  within  the  dif- 
trict  or  furvey  to  which  he  belongs,  and  being 
Certified  under  the  hand  and  feal  of  the  ma- 
giftrate by  whom  the  fame  fliall  have  been  ad- 
miniftered,  mall  within  three  months  thereaf-  and 
tcr  be   tranfmittcd^to  the  comptroller  of  the 
treafury,  in   default  of  taking  which  oath  or 
affirmation,  the  party  failing  fliali  forfeit  and 
pay  two  hundred  dollars  for  the  ufe  of  the 
United  States,  to  be  recovered  with  cofts  of  thcre6f- 
fuit. 

Sec.  7.  And  be  it  further  cnadcd.  That  the  Office90f 
fupervifor  of  the  revenue  for  each  diftrict,  fliall 
eftablifh  one  or  more  offices  within  the  fame, 
as  may  be  necefTary  ;   and  in  order  that  the 
faid  offices  may  be  publicly  known,  there  mall 
be  painted  or  written  in  large  legible  charac- 
ters upon  fome  confpicuous  part  outfide  and 
in  front  of  each  houfe,  building  or  place  in 
which   any  fuch   office   fhall  be   kept,  thefe 
words,"  OFFICE  OF  INSPECTION;"  and 
if  any  perfon  fhall  paint  or  write,  or  caufe  ta 
be  painted   or  written,  the  faid  words,  upon- 
any  other  than  fuch  houfe  or  building,  he  or 
Hie  fhall  forfeit  and  pay  for  fo  doing,  one  hutf- 
dred  dollars. 

Sec.    8.   And  be   it  further  entitled^    That 
within  forty-eight  hours  after  any  fkip  or  Vek 

VOL.  I.  Q   2 


to  fel, having  on  board  any  diflilled  fpirits  brought 
jhfpe&ors0  *n  ^ucn  m*P  or  veffel  from  any  foreign  port  or 
ofimoprta-  place,  mail  arrive  within  any  port  of  the  Uni- 
rit"-01  ip!"  tec-  States,  whether  the  fame  be  the  firft  port 
of  arrival  of  fuch  fhip  or  vcffel,  or  not,  the 
malter  or  perfon  having  the  command  or  charge 
thereof,  mail  report  to  one  of  the  infpectors 
of  the  port  at  which  me  fhall  fo  arrive,  the 
place  from  which  fhe  laft  failed,  with  her  name 
and  burthen,  and  the  quantity  and  kinds  of 
the  faid  fpirits  on  board  of  her,  and  the  cafks, 
veilels  or  cafes  containing  them,  with  their 
marks  and  numbers  ;  on  pain  of  forfeiting  the 
fum  of  five  hundred  dollars. 

uiuca  the  Sec.  9.  And  be  it  further  cnafled,  That  the 
collector  collector  or  other  officer,  or  perfon  acting  as 
collector,  with  whom  entry  fhall  have  been 
made  of  any  of  the  faid  fpirits,  purfuant  to  the 
act,  intituled,  "  An  act  to  provide  more  ef- 
fectually for  the  collection  of  the  duties  im- 
pofed  by  law  on  goods,  wares  and  merchan- 
dizes imported  into  the  United  States,  and  on 
the  tonnage  of  mips  or  veflels,"  fhali  forth- 
with after  fuch  entry  certify  and  trarifmit  the 
flia"  "rtj"  fame,  as  particularly  as  it  mall  have  been  made 

ty  &  fend  .       '    .     J  .  „  r    .  . 

to  the  offi.   with  him,  to  the  proper  officer  or  infpection, 
ccr  of  in-     of  faQ  port  wnere  ft  fhall  be  intended  to  com- 

fpecbon  r.         ...  r  .   . 

\vhere  the    mencc  the  delivery  or  the  fpirits  fo  entered,  or 

be^aivcr1-  any  Part  tnereo^ :  f°r  which   purpofe,  every 
.-d.  proprietor,    importer   or    confignee,    making 

fuch  entry,  fhall  deliver  two  manifefts  of  the 
contents  (upon  one  of  which  the  faid  certificate 
fhall  be  given)  and  fhall  at  the  time  thereof  de- 
clare the  port  at  which  the  faid  delivery  fhall 
be  fo  intended  to  be  commenced,  to  the  col- 
lector or  officer  with  whom  the  fame  fhall  be 
made.  And  every  permit  granted  by  fuch 
collector,  for  the  landing  of  any  of  the  faid 


[     30?     ] 

fpirits,  lhall  previous  to  fuch  landing,  be  pro-  Er.cior 
duced  to  the  faid  officer  of  infpedion,  who  prrmi 
lhall  make  a  minute  in  fome  proper  bock,  of  '^pc; 
the  contents  thereof,  and  mall  endorfe  there-  previous7  to 
upon  the  word  "  INSPECTED/'   the  time  the  landing 

.  ,  .  r  i».  i    i_     /»     it   of  it;  and 

when,  and  his  own  name  :  after  which  he  lhall 
return  it  to  the  perfon  by  whom  it  {hall  have 
been  produced  ;  and  then,  and  not  otherwife 
it  (hall  be  lawful  to  land  the  fpirits  therein 
fpecified  ;  and  if  the  faid  fpirits  {hall  be  landed  pena!ty  on 
without  fuch   endcrfement   upon  the  permit  failure^ 
for  that  purpofe  granted,   the  matter  or  per-  t! 
fon  having  charge  of  the  fhip  or  veflel  from 
which  the  fame  mail  have  been   fo  landed, 
mail  for  every  fuch  offence  forfeit  the  fum  of 
five  hundred  dollars. 

Sec.   10.  And  be  it  further  cnafted^    That  spirits 
whenever  it  {hall  be  intended  that  any  mip  or  J 


veffel  fhall  proceed  with  the  whole  or  any  part  intended  to 
of  the  fpirits  which  mall  have  been  brought  Bother  i« 


in  fuch  {hip  or  veflel  from  any  foreign  port  or  thc 

place,  from  one  port  in  the  United  States  to 

another  port  in  the  faid  United  States,  whe- 

ther in  the  fame  or  in  different  diftricls,  the 

matter  or   perfon   having    the  command    or 

charge  of  fuch  mip  or  veifel,  fhall  previous  to 

her  departure,  apply  to  the  officer  of  mipeclion, 

to  whom  report  was  made,  for  the  port  from 

which  flie  is  about  to  depart,  for  a  certificate 

of  the  quantity  and  particulars  of  fuch  of  the 

faid  fpirits  as  fhall  have  been  certified  or  re-  ^^  by 

ported  to  him  to  have  been  entered  as  impor-  ™  ir.{\>e«- 

ted  in  fuch  mip  or  veflel,  and  of  fo  much  there-  tor  ' 

of  as  mall  appear  to  him  to  have  been  landed 

out  of  her  at  fuch  port  ;  which  certificate  the 

faid    officer  fhall  forthwith  grant.     And   the 

matter  or  perfon  having  the  command  or  charge 

of  fuch  fhip  or  veflel,  mall  within  twenty-  four/ 


.and  penal-  houPS  after  her  arrival  at  the  port  to  which  ilie 

t^ofTd"  foall  be  bound,  deliver  the  faid  certificate  to 

fds  for  ne-  the  proper  officer  of  infpecHon  of  fuch  lafl  men- 

$£$*  to  tioned  port.    And  if  fuch  fhiP  or  veflel  fhall 

.herewith;    proceed  from  one  port  to  another  within  the 

United  States,  with  the  whole  or  any  part  of 

the  fpirits  brought  in  her  as  aforefaid,  without 

having  firft  obtained  fuch  certificate  ;    or  if 

.within  twenty-four  hours    after  her  arrival  at 

fuch  other  port,  the  faid  certificate  fhall  not 

be  delivered  to  the  proper  officer  of  jnfpeclion 

.there,  the  mailer  or  perfon  having  the  com- 

mand or  charge  of  the  faid  ihip  or  verTe],  fhall 

in  either  cafe  forfeit  the  fum  of  five  hundred 

fnd  forfci-  dollars  ;  and  the  fpirits  on  board  of  her  at  her 

'fpHtt.  faid  faid  arrival>  mal1  be  forfeited,  and  may  be  feiz, 
,ed  by  any  officer  of  infpcclion. 

Spirits  im-       Sec.  ii.   And  be  it  further  enacted,  That  all 

£d\1dasa"  fPirits  ™hich  flia11  be  imported  as  aforefaid, 

•jioiv  to  be   mall  be  landed  under  the  infpeftion  of  the  of- 

ed;      ficer  or  officers  of  infpeclion  for  the  place  where 

the  fame  fhail  be  landed,  and  not  otherwife, 

on  pain  of  forfeiture  thereof;  for  which  pur- 

pofe  the  faid  officer  or  officers  mall,  at  all  rea- 

f  enable    times,    attend  :  Provided,  That  this 

ihall  not  be  conflrued  to  exclude  the  infpec- 

tion  of  the  officers  of  the  cuftoms  as  now  efr 

tablifhed  and  pra&ifed. 


and  duties  ^ec*  I2'  ^^  ^c  ^  further  wafted,  That 
cf  officers  the  officers  of  infpeciion  under  whofe  furvey 
In  JSu  any  of  the  faid  fpirits  fhajl  be  landed,  fhall  up- 
on  landing  thereof,  and  as  foon  as  the  cafks, 
veflels  and  cafes  containing  the  fame  fhall  be 
gauged  or  meafured,  brand  or  otherwife  mark 
in  durable  characters,  the  feveral  cafks,  veflels 
or  cafes  containing  the  fame,  with  progreffive 
numbers  j  and  alfo  with  the  name  of  the  fhip 


t     3°9     ] 

«er  vefTel  wherein  the  fame  was  or  were  impor- 
ted, and  of  the  port  of  entry,  and  with  ttie 
proof  and  quantity  thereof;  together  with 
fuch  other  marks,  if  any  other  fhall  be  deemed 
needful,  as  the  refpeclive  fupervifors  of  the 
revenue  may  direct.  And  the  laid  officer  fhall 
keep  a  book,  wherein  he  fhall  enter  the  name 
of  each  veffel  in  which  any  of  the  faid  fpirits 
/hall  be  fo  imported,  and  of  tl>£  port  of  entry 
and  of  delivery,  and  of  the  mailer  of  fuch  vef- 
fel, and  of  each  importer,  and  the  feveral  cafks, 
veifels  and  cafes  containing  the  fame,  and  the 
marks  of  each  :  and  if  fuch  officer  is  not  the 
chief  infpector  within  the  furvey,  he  mall  as 
foon  as  may  be  thereafter,  make  an  exact 
tranfcript  of  each  entry,  and  deliver  the  fame 
to  fuch  chief  officer,  who  fhall  keep  a  like  book 
for  recording  the  faid  tranfcript. 

Sec.  13.  And  be  it  further  enaaed,  That  0[Tlccrof 
•the  chief  officer  of  infpeclion  within  whofe  infpeaiwi, 
furvey  any  of  the  faid  fpirits  fhall  be  landed,  r<;  certil>. 

',,      ,,    J  .        J          .  .    r  .  fix1  qnanri- 

ihall  give  to  the  proprietor,  importer  or  con-  ty  oi  fpiriw 
fignee  thereof,  or  his  or  her  agent,  a  cerrifi-  bndeti» 
cate  to  remain  with  him  or  her,  of  the  whole 
quantity  of  the  faid  fpirits  which  fhall  have 
been  fo  landed  ;  which  certificate,  befides  the 
faid  quantity,  ihall  fpecify  the  name  of  fuch 
proprietor,  importer  or  confignee,  and  of  the 
velfel  from  on  board  which  the  faid  fpirits  fhall 
have  been  landed,  and  of  the  marks  of  each 
cafk,  veflel  or  cafe  containing  the  fame.  And 
the  faid  officer  fhall  deliver  to  the  faid  propri-  \vh'ch  nuvi 

J.I        I          ferve   to 

etor,  importer  or  confignee,  or  to  his  or  her  (hew  the 
a^rent,  a  like  certificate  for  each  calk,  vefTc-I  or  !ea?llty  of 

O          *  |t>  impor* 

cafe  ;  which  fhall  accompany  the  fame  where-  ta'ior, 
foever  it  fhall  be  fent,  as  evidence  of  it's  being 
lawfully  imported.    And  the  officer  granting 
the  faid  certificates,  fhall  make  regular  and  ex- 


[    3'°    } 

ami  to  make  aft  entries  in  the  book  to  be  by  him  kept  as 
thereof;      aforefaid,  of  ail  fpirits  for    which   the  fame 
(hall  be  granted,  as  particularly  as  therein  de- 
fcribed.  And  the  faid  proprietor,  importer  or 
con%nee>  or  n*s  or  ner  agent,  upon  the  fale 
-  and  delivery  of  any  of  the  faid  fpirits,  (hall  de- 
^ver  to  ^e  purchaser  or  purchafers  thereof,  the 
penalty  on  certificate  or  certificates  which   ought  to  ac- 
t  hereof       company  the  fame  ;  on  pain  of  forfeiting  the 
fum  of  fifty  dollars,  for  each  cafk,  veffel  or  cafe 
with  which  fuch  certificate  fhall  not  be  deli- 
vered. 

Sec.    14.    And  be  it  further  enabled.  That 
ts  dtf-  upon  all  fpirits  which  after  the  faid  lad  day  of 


titled  with-  June  next,  {hall  be  diflilled  within  the  United 
state»Cfrom  States,  wholly  or  in  part  from  molafTes,  fugar, 
foreign  ma-  or  other  foreign  materials,  there  mall  be  paid 
for  their  ufe  the  duties  following  ;  that  is  to  fay  : 
For  every  gallon  of  thofe  fpirits  more  than  ten 
per  cent  below  proof,  according  to  Dicas's  hy- 
drometer, eleven  cents.  For  every  gallon  of 
thofe  fpirits  under  five  and  not  more  than  ten 
per  cent  below  proof,  according  to  the  fame 
hydrometer,  twelve  cents.  For  every  gallon  of 
thofe  fpirits  of  proof  and  not  more  than  five 
per  cent  below  proof,  according  to  the  fame 
hydrometer,  thirteen  cents.  For  every  gallon 
of  thofe  fpirits  above  proof,  and  not  exceed- 
ing twenty  per  cent,  according  to  the  fame  hy- 
drometer, fifteen  cents.  For  every  gallon  of 
thofe  fpirits  more  than  twenty  and  not  more 
than  forty  per  cent  above  proof,  according  to 
the  fame  hydrometer,  twenty  cents.  For  eve- 
ry gallon  of  thofe  fpirits  more  than  forty  per 
cent  above  proof,  according  to  the  fame  hy- 
drometer, thirty  cents. 

Sec.    15.  And  be  it  further  enafted>    That 


[     3"     ] 

upon  all  fpirits  which  after  the  laid  Lift  day  of 
June  next,  fhall  be  diftilled  within  the  United 
States,  from  any  article  of  the  growth  or  pro-  home  arn 
duceof  the  United  States,  in  ^ny  city,  to\vn  cks; 
or  village,  there  (hall  be  paid  for  their  ufe  the 
duties  following  ;  that  is  to  fay  :  For  every 
gallon  of  thcfe  fpirits '  more  than  ten  per  cent 
below  proof,  according  to  Dicas's  hydrometer, 
nine  cents.  Tor  every  gallon  of  thofe  fpirits 
under  five  and  not  more  than  ten  per  cent  be- 
low proof,  according  to  the  fame  hydromei 
ten  cents.  For  every  gallon  of  thofe  fpirits  of 
proof,  and  not  more  than  five  per  cent  below 
proof,  according  to  the  fame  hydrometer,  ele- 
ven cents.  For  every  gallon  of  thofe  fpirits 
above  proof,  but  not  exceeding  twenty  per  cent, 
according  to  the  fame  hydrometer,  thirteen 
cents.  For  every  gallon  of  thofe  fpirits  more 
than  twenty  and  not  more  than  forty  per  cent- 
above  proof,  according  to  the  fame  hydrome- 
ter, feventeen  cents.  For  every  gallon  of  thofe 
fpirits  more  than  forty  per  cent  above  proof, 
according  to  the  fame  hydrometer,  twenty- 
live  cents. 

Sec.  1 6.  And  be  it  further  enafied.  That  the  how  to  »c 
faid  duties  on  fpirits  diftilled  within  the  United  c 
States,  fhall  be  collected  under  the  manage- 
ment of  the  fupervifors  of  the  revenue. 

Sec.  17.  And  be  it  further  enaded^  That  the  D)1(ft.s  on 
faid  duties  on  fpirits  diftilled  within  the  Uni- 
ted  States,  mall  be  paid  or  fecured  previous 
to  the  removal  thereof  from  the  diftilleries  at 
which  they  are  refpedively  made.  And  it  fhall  ^a  " 
be  at  the  option  of  the  proprietor  or  proprie- 
tors of  each  diftillery,  or  of  his,  her  or  their 
agent  having  the  fuperii'rtendarice  thereof,  ei- 
ther to  pay  the  faid  duties  previous  to  fuch  re- 
moval, with  an  abatement  at  the  rate  of  tw<> 


[       3"       } 

Cents  for  every  ten  gallons,  or  to  fecure  the 
payment  of  the  fame,  by  giving  bond  quarter- 
yearly,  with  one  or  more  furetics,  to  the  fa- 
tisfaction  of  the  chief  officer  of  inipection  with- 
in whole  furvey  fuch  diftillery  (hall  be,  and  ift 
fuch  fum  as  the  faid  officer  fhall  direct,  \vith 
paid,  condition  for  the  payment  of  the  duties  upon 
all  fuch  of  the  faid  fpirits  as  (hall  be  removed 
from  fuch  diftillery,  within  three  months  next 
cnfuing  the  date  of  the  bond,  at  the  expira- 
tion of  nine  months  from  the  faid  date. 


ors      $cc.  1  8.  And  be  it  further  enattcd*  That  the 

ro   appoint  »r  r  i      t«n    •  rv  n     .4i 

(itiiccrs  to   fupervifor  or  each  diitnct  mail  appoint  proper 
*"c"d  to     officers  to  have  the  charge  and  furvey  of  the 

difhllents.      ..«.,,*  .   ,  .        ,        r      °         rr  i 

diftilleries  within  the  fame,  amgnmg  to  each, 
one  or  more  diftilleries  as  he  may  4hmfc  pro- 
per, who  mail  attend  fuch  diftille'iy  at  all  rea- 
ibnable  times,  for  the  execution  of  the  duties 
by  this  act  enjoined  on  him. 

cifkstobe      Sec.  19.  And  be  it  further  cnafted,  That 

-Sgauo-cd  previous  to  the  removal  of  the  faid  fpirits  from 

before  aV  any  diftillery,  the  officer  within  whofe  charge 

therefrom,  and  furvey  the  fame  may  be,   mall  brand  or 

ctherwife  mark  each  cade  containing  the  lame* 

in  durable  characters,  and  with  progreffive 

numbers,  and   with  the  name  of  the  afting 

owner  or  other    manager  of  fuch  diftillery, 

and  of  the  place  where  the  fame  was  fituate^ 

and  with  the  quantity  therein,  to  be  afcertain- 

ed  by   actual  gauging,  and  with  the  proof 

Jjfa,(1/°,eer"  thereof.     And  the  duties  thereupon  having 

tided  by       ,  .          .  5 

raid  officer,  been  tint  paid,  or  lecured,as  above  provided, 
*  entered  ^  {v^j  o|gcer  jQia}i  n-rant  a  certificate  for  each 

in  a  book  nrt_r-jr-'  *        r 

according-  calk  or  the  laid  ipints,  to  accompany  the  lame 
wherefoever  it  mall  be  fent,  purporting  that 
the  duty  thereon  hath  been  paid  or  fecured, 
as  the  cafe  may  be,  and  defcribing  each  cafk  by 


t    3'3     3 

J't*-s  mark ;  and  fliall  enter  in  a  book  for  that 
purpofe  to  be  kept,  all  the  fpirits  diflilled  at 
fuch  diilillery,  and  removed  from  the  fame ; 
and  the  marks  of  each  cafk,  and  the  perfons 
for  whofe  ufe,  and  the  places  to  which  remo- 
ved, and  the  time  of  each  removal^  and  the 
amount  of  the  duties  on  the  fpirits  fo  remo- 
ved. And  if  any  of  the  laid  ipirits  mall  be  re-  Forfeiture 
moved  from  any  fuch  diiiillery  without  having  for 
been  branded  or  marked  as  aforefaid,  or  with- 
out  fuch  certificate  as  aforefaid,  the  fame,  to- 
gether  with  the  cafk  or  cafks  containing,  and 
the  horfes  or  cattle,  with  the  carriages,  their 
harnefs  and  tackling,  and  the  veflel  or  boat 
with  it's  tackle  and  apparel  employed  in  re- 
moving them,  ihall  be  forfeited,  and  may  be 
feized  by  any  officer  of  infpection.  And  the 
fuperintendant  or  manager  of  fuch  diftillery, 
{hall  alfo  forfeit  the  full  value  of  the  fpirits  fo 
removed,  to  be  computed  at  the  highefl  price 
of  the  like  fpirits  in  the  market. 

Sec.  20.  And  be  it  further  enafted,  That  for 
no  fpirits  (hall  be  removed  from  any  fuch  dif- 
tillery  at  any  other  times  than  between  fun- 
tifing  and  fun-fetting,  except  by  confent  and  ^y.au 
in  prefence  of  the  officer  having  the  charge 
and  furvey  thereof,  on  pain  of  forfeiture  of 
fuch  fpirits,  or  of  the  value  thereof  at  the  high- 
efl: price  in  the  market,  to  be  recovered  with 
cods  of  fuit  from  the  acting  owner  or  manager 
of  fuch  diflillery. 

Sec.  21.  And  be  it  further  enafted,  That  up-  Duty  on 
on  Hills  which  after  the  lad  day  of  June  next, 
fliall  be  employed  in  diftilling  fpirits  from  ma- 
terials of  the  growth  or  production  of  the 
United  States,  in  any  other  "place  than  a  city, 
j,town  or  village,  there  ihall  be  paid  for  the  ufe 
.of  the  United  States,  the  yearly  duty  of  fixty 

VOL.  I.  R  2  * 


t  314  j 

tents  for  every  gallon,  Englifli  wine-meaFurey 
of  the  capacity  or  content  of  each  and  every 
fuch  ftill,  including  the  head  thereof. 

2-vitknceof  Sec.  12.  And  be  it  further  enacted.  That  the 
evidence  of  the  employment  of  the  faid  ftills 
Ihall  be,  their  being  er  xled  in  (lone,  brick  or 
fome  other  manner  whereby  they  fnall  be  in  a 
condition  to  be  worked. 

Sec.  23.  And  belt  further  cnacled,  That  the 

fakl  duties  on  ftills  matl  be  collected  under  the 
ted;  and  management  of  the  fupervifor  in  each  diftrict, 
who  mall  appoint  and  affign  proper  officers 
for  the  furvey's  of  the  faid  ftilis  and  the  adinea- 
furement  thereof,  and  the  collection  of  the  du- 
ties thereupon  ;  and  the  faid  duties  (hall  be 
paid  half-yearly,  within  the  firfl  fifteen  days 
of  January  and  July,  upon  demand  of  the  pro- 
prietor or  proprietors  of  each  flill,  at  his,  her 
or  their  dwelling,  by  the  proper  officer  char- 
what  to  Vc  ged  with  the  furvey  thereof:  And  in  cafe  of 
oftefafaUo  re^u^a^  or  neglect  to  pay,  fhe  amount  of  the 
pay  it.'  duties  fo  refufed  or  neglecled  to  be  paid,  may 
either  be  recovered  with  colls  of  fuit  in  an  ac- 
tion of  debt  in  the  name  of  the  fupervifor  of 
the  diftrict,  within  which  fuch  refufal  mall 
happen,  for  the  ufe  of  the  United  States,  or 
may  be  levied  by  diftrefs  and  fale  of  goods  of 
the  perfon  or  perfons  refilling  or  neglecting  to 
pay,  rendering  the  overplus  (if  any  there  be 
after  payment  of  the  faid  amount  and  the  char- 
ges of  diftrefs  and  fale)  to  the  faid  perfon  or 
perfons. 

Junctors       Sec>          And  be  it  further  enacted,  That  if 
offtnis  tc,  -/  7    .  .     r    r 

have  aright  the  proprietor  of  any  fuch  full,  finding  niirtfeii 
Icc^tJf  or  herfelf  aggrieved  by  the  faid  rates,  (hall 
the  quanii.  enter  or  cnufe  to  be  entered  in  a  book  to  be 
for  that  purp0fe>  from  Jay  to  day  when 


[     3*5     1 

fuch  ftill  (hall  be  employed,  the  quantity  of  ' 

fpirits  diftilled  therefrom,   and  the  quantity 

from  time  to  time  fold  or  otherwife  difpofed 

of,  and  to  whom  and  when,  and  mail  produce 

the  faid  book  to  the  officer  of  infpection  with- 

in whofe  furvey  fuch  ftill  fhall  be,  and  (hall 

make  oath  or  affirmation  that  the  fame  doth 

contain  to  the  bed  of  his  or  her  knowledge 

and  belief,  true  entries  made  at  their  refpec- 

tive  dates,  of  all  the  fpirits  diftilled  within  the 

time  to  which  fuch  entries  mall  relate,  from 

fuch  ftill,  and  of  the  difpofition  thereof;  and 

mail  alfo  declare  upon  fuch  oath  or  affirma- 

tion, the  quantity  of  fuch  fpirits  then  remain- 

ing on  hand,  it  mall  be  lawful  in  every  fuch 

cafe  for  the  faid  officer  to  whom  the  faid  book 

fhall  be  produced,  and  he  is  hereby  required  *  * 


to  eflimate  the  duties  upon  fuch  ftill,   accor-  rule  where* 
cling  to  the  quantity  fo  dated  to  have  been  ac-  ties  may  fci 
Utility  made  therefrom  at  the  rate  of  nine  cents 
per  gallon,  which,  and  no  more,  fhall  be  paid 
for  the  fame  :  Provided,  That  if  the  faid  en- 
tries fhall  be  made  by  any  perfon  other  than 
the  faid  proprietor,  a  like  oath  or  affirmation 
fhall  be  made  by  fuch  perfon. 

And  the  more  effectually  to  prevent  the 
evafion  of  the  duties  hereby  impofed  on  fpirits. 
diftilled  within  the  United  States, 

Sec.  25.  Be  it  further  watted.  That  every 
perfon  who  fhall  be  a  maker  or  diftiller  of 
fpirits  from  molafles,  fugar   or  other  foreign         on  the 
materials,  or  from  materials  the  growth  and  Jg^ifo 
production  of  the  United  States,  fhall  write  or  uBerki  \ 
paint,  or  cauic  to  be  written  or  painted  upon 
fome  confpicuous  part  outfide  and  in  front  of 
each  houfe  or  other  building  or  place  made 
ufe  of,  or  intended  to  be  made  ufe  of  by  him 


C   3'6   3 

©r  her  for  the  diftillation  or  keeping  of  fpiri- 
tuous  liquors,  and  upon  the  door  or  ufual  en- 
trance of  each  vault,  cellar  or  apartment  with- 
in the  fame,  in  which  any  of  the  faid  liquors 
fhall  be  at  any  time  by  him  or  her  diflilled, 
depofited  or  kept,  or  intended  fo  to  be,  the 
words  "  Diftiller  of  Spirits  ;"  and  every  fuch 
and  furmfh  diftiller  lhall  within  three  days  before  he  or 
the  inipec-  fhe  fhall  begin  to  diftil  therein,  make  a  parti- 
itccount  of  cular  entry  in  writing,  at  the  nearefl  office  of 
their  build-  infpeclion,  if  within  ten  miles  thereof,  of  every 
fuch  houfe,  building  or  place,  and  of  each 
vault,  cellar  and  apartment  within  the  fame, 
in  which  he  or  fhe  mall  intend  to  carry  on  the 
bufmefs  of  difdlling,  or  to  keep  any  fpirits  by 
him  or  her  diflilled.  And  if  any  fuch  diftiller 
fhall  omit  to  paint  or  write,  or  caufe  to  be 
painted  or  written  the  words  aforefaid,  in  man- 
ner aforefaid,  upon  any  fuch  houfe  or  other 
building  or  place,  or  vault,  cellar  or  apartment 
thereof,  or  lhall,  in  cafe  the  fame  be  fituate 
within  the  faid  diftance  of  ten  miles  of  any 
penalty  in  office  of  infpeclion,  omit  to  make  entry  thereof 
as  a^ore^a^?  fu°h  diftiller  mail  for  every  fuch 
"  omifuon  or  neglect,  forfeit  one  hundred  dol- 
lars, and  all  the  fpirits  which  he  or  file  mall 
keep  therein,  or  the  value  thereof,  to  be  com- 
puted at  the  higheft  price  of  fuch  fpirits  in  the 
market ;  to  be  recovered  by  action,  with  cofts 
of  fuit,  in  any  court  proper  to  try  the  fame, 
in  the  name  of  the  fupervifor  of  the  diftrict 
within  which  fuch  omiffion  or  neglect  or  omif- 
fion  fhall  be,  for  the  ufe  of  the  United  States  : 
when  the  Provided  always,  and  be  it  furl  her  enafted, 

^lat  t^le  fa^  cntry  to  ^e  mac*e  by  perfons  who 
ihall  be  diftillers  of  fpirits,  on  the  firfl  day  of 
July  next,  fnall  be  made  on  that  day,  or  with- 
in  three  days  thereafter,  accompanied  (except 


C   3'7   ] 

where  the  duties  hereby  impofed  are  charged 
on  the  (till)  with  a  true  and  particular  .acccimt 
or  inventory  of  the  fpirits,  on  that  day  and  at 
the  time,  in  every  or  any  houfe,  building  or 
place  by  him  or  her  entered  ;  and  of  the  cafks, 
cafes  and  vefTels  containing  the  fame,  with  their 
marks  and  numbers,  and  the  quantities  and 
qualities  of  the  fpirits  therein  contained,  on 
pain  of  forfeiting  for  neglecl  to  make  fuch  en-  forfeiture 
try,  or  to  deliver  fuch  account,  the  fum  of  one 
hundred  dollars,  and  all  the  fpirits  by  him  or 
her  had  or  kept  in  any  fuch  houfe,  building 
or  place  ;  to  be  recovered  as  aforefaid. 

Sec.  26.  And  be  it  further  enafted^  That 
the  fupervifor  of  the  revenue  for  the  diflricl.  Super  vifor 
wherein  any  houfe,  building  or  place  (hall  be  entered 
iituate,   whereof  entry  (hall  be  made  as  lad  Ai 
aforefaid,  {hall  as  foon  as  may  be   thereafter, 
:  rifit  and  infpeft,  or  caufe  to  be  vifited  and  in- 
fpecled  by  fonie  proper  officer  or  officers  of 
infpettion,  every  fuch  houfe  or  other  building 
or  place  within  his  diftricl,  and  (hall  take  or 
caufe  to  bs  taken,  an  exacl  account  of  the  fpi- 
rits  therein   refpectively  contained,  and  {hall  the"pir°its 
mark  or  caufe  to  be  marked  in  durable  cha-  thcr-iii>  & 
rafters,  the  feveral  cafks,  cafes  or  velfels  con-  calks;' 
taining  the  fame,  with  progreffive  numbers, 
and  alfo  with  the  name   of  each  diftiller  to 
whom  the  fame  may  belong,  or  in  whofe  cuf- 
touy  the  fame  may  be,  and  the  quantities,  kinds 
and  proofs   of  fpirits  therein  contained,  and 
thcfe  words,  "  Old  Stock."    And  the  infpec-  an  cntrvftf 
tor  of  each  furvey  fhall  keep  a  bork,  wherein  which 
he  (hall  enter  the  name  of  every  diililler,  and 
the   particulars  of  fuch  eld  flock  in  the  pof- u 
feilion  of  each,  designating  the  feveral  cnfks, 
|  cafes  and  veflels  containing  tht-  fap.ie,  ard  tluir 
v  refpeclive  quantities,  kinus,  pi,  iiiarka, 


c  318  : 

and  fhall  alfo  give  a  certificate  to   every  fuc!t 
diftiller  of  the  quantity  and  particulars  of  fuch 
old  flock  in  his  or  her  poffeilion,  and  a  fepa- 
erti.  rate  certificate  for  each  cafk,  cafe  or  vefTel  de- 
pm-  Bribing  the   feme,  which  certificate  fhall  ac- 
.       company  the  fame  wherefoeyer  it  fhall  be  fent, 
and  fuch  diililler,  his  or  her  agent  or  mana- 
ger, upon  the  fale  and  delivery  of  any  of  the 
Faid  fpirits,  fhall  deliver  to  the  purchafer  or 
purchafers   thereof,  the  certificate   or  certifi- 
cates that  ought  to  accompany  the  fame,   on 
pain  of  forfeiting  fifty  dollars   for  each   cafk, 
cafe  or  veifel,  with  which  fuch  certificate  fhali 
not  be  delivered. 

importers  Sec.  27.  And  be  It  further  enafted,  That  every 
importer  of  diftilled  fpirits,  who,  on  the  firil 
day  of  July  next,  fhall  have  in  his  or  her  pof- 
femon  *11J  diftilled  fpirits,  fliall,  within  three 

duty  of  the  days  thereafter,  make  due  entry  thereof  with 
tne  officer  of  infpeclion  within  whofe  furvey 
the  fame  mail  then  be  ;   who  mail  mark  the 
cafks,  veflels  or  cafes  containing  fuch  fpirits, 
in  like  manner  as   is  herein  before   directed 
touching  fuch  fpirits  as  mall  be  in  the  poflef- 
fion  of  diflillers  on  the  firfi  day  of  July  next, 
and  fliall  grant  the  like  certificates  therefor  as 
for  fuch  fpirits,  which  certificates  fliall  accom- 
pany the  refpeclive  cafks,  cafes  and  veffels  to 
which  they  (hall  relate,  wherefoever  they  fliall 
be  fent,  and  fuch  importer,  his  or  her  agent, 
upon  the  fale  and  delivery  of  any  of  the  laid 
fpirits ,  fhall   deliver  to  the  purchafer  or  pur-  ; 
chafers  thereof  the  certificate  or    certificates 
which  ought  to  accompany  the  fame,  on  pain 
of  forfeiting  fifty  dollars  for  each  cafk,  cafe  or  > 
veflei  with  which  fuch  certificate  fhall  not  be  j 
delivered.      And  if  any  fuch  importer  or  im-  • 
porters  ihall  refufc  or  neglect  to  make  fuch  1 


r  3*9  3 

at  the  time  and  in  the  manner  herein  penp* 
directed,  all  fuch  fpirits  as  lhall  not  be  fo  en-  %$*£* 
tered  fhall  be  forfeited,  and  the  importer  or  fuch  en- 
importers  in  whofe  cuftody  the  fame  fhall  be  t: 
found,  mail  moreover  forfeit  the  fum  equal  to 
the  full  value  thereof,  according  to  the  higheft 
price  of  fuch  fpirits  in  the  market. 

Sec.  28.   And  be  it  further  enacted^  That  if  nift^ed 
any  cafe,  cafe,  or  veffel  containing  diftilled  f"irir*  *9 

r   .; .  i.ii  i        r  •  -^  -branded 

Jpints,  which   by  the  foregoing  provifions  of  nv 
this  aft,  ought  to  be  marked  and  accompanied  ^- 
with  a  certificate,  fhall   be  found  in  the  pof- 
feilion  of  any  perfon  unaccompanied  with  inch 
marks  and  certificate,  it  fhall  be  prefumpt' 
evidence  that  "the  fame  are  liable  to  forfeiture, 
and  it  mall  be  lawful  fora:.  r  of  infpec- 

tion  to  feize  them  as  forfeited  ;  and  if,  upon 
the  trial  in  confequcnce  of  fuch  feizure,  the 
owner  or  claimant  of  the  fpirits  feized,  fliall 
not  prove  that  the  fame  were  imported  into 
the  United  States  according  to  law,  or  were 
diftilled  as  mentioned  in  the  thirteenth  and 
fourteenth  feftions  of  this  aft,  and  the  duties 
thereupon  paid,  or  were  diiiiiled  at  one  of  the 
fliils  mentioned  in  the  twentieth  feclionof  this  i;iM<J 
act,  they  fhall  be  adjudged  to  be  forfeited.  fai 

Sec.  29.  And  be  it  further  enacted,  That  it 
fliall  be  lawful  for  the  officers  of  infpcftion  of 
each  furvey  at  all  times  in  the  day  time,  upon 
requeft,  to  enter  into  all  and  every  the  houfes, 
ftore-hcufes,  ware-houfes,  buildings  and  pla- 
ces which  fhall  have  been  entered  in  manner 
aforefaid,  and  by  tafting,  gauging  or  other- 
\vife,  to  take  an  account  of  the  quantity,  kinds 
and  proofs  of  the  faid  fpirits  therein  contain- 
ed ;  and  alfo  to  take  famples  there6f,  paying 
for  the  fame  the  ufual  price. 


[     32o     3 

Penalty  for      Sec.  30.  And  be  it  further  ena fled,  That  if 

nrirk^uu    ?-RY  perfon  or  perfons  fhall  rub  out  or  deface 

vends,       any  of  the  marks  fet  upon  any  calk,  vefTel  or 

cafe  purfuant  to  the  directions  of  this  act,  fuch 

per  fun  or  perfons  fhall,  for  every  fuch  offence, 

forfeit  and  pay  the  fum  of  one  hundred  dollars. 

Novell-  ^ec<  31'  ^n^  ^2  it  fur"ther  enafted)  That  no 
marked  to  caik,  barrel,  keg,  veflel  or  cafe,  marked  as 
c"hcrCipi<-Jr  "  Old  Stock,"  fhall  be  made  ufe  of  by  any 
ritj.  diililler  of  fpirits,  for  putting  or  keeping  there- 

in any  fpirits  other  than  thofe  which  were  con- 
tained therein  when  fo  marked,  on  pain  of 
forfeiting  the  fum  of  ©ne  hundred  dollars  for 
every  caik,  barrel,  keg,  veflel  or  cafe  wherein 
any  fuch  fpirits  fhall  be  fo  put  or  kept ;  neither 
HOW  long  fhall  any  fuch  cliiHller  have  or  keep  any  diftil- 
k"d  fpirits  in  any  fuch  caik,  barrel,  keg,  veffel 
cr  cafe,  longer  than  for  the  fpace  of  one  year 
from  the  laid  lad  day  of  June  next,  on  pain  of 
in  forfeiting  the  faid  fpirits :  Provided.  That  no- 

cafe  of  cer-       .         .    "  r  t  * 

uiu  vefleis.  thing  in  this  fection  contained  fhall  be  conftru- 
ed  to  extend  to  cafks  or  vefleis,  capable  of  con- 
taining two  hundred  gallons  and  upwards,  and 
which  are  not  intended  to  be  removed. 

s^.r..g  Sec.  32.   An d  be  it  further  enafted,  That  in 

fraudulent-  cafe  any  of  the  faid  fpirits  fhall  be  fraudulent- 
ly^  conceal-  iy  deposited,  hid  or  concealed  in  any  place 

ed  to  he         J ,        r  •  i      •  »         i     7"   i       • 

*brieittd.  wnatloever,  with  intent  to  evade  the  duties 
thereby  impofed  upon  them,  they  fhall  be  for- 
feited. And  for  the  better  difcoyery  of  any 
fuch  fpirits  fo  fraudulently  depofited,  hid  or 
concealed,  it  fhall  be  lawful  for  any  judge  of 
of  any  court  of  the  United  States,  or  either  of 
them,  or  for  any  ir.ftice  of  the  peace,  upon 
reafonsble  caule  rf  fufpicion,  to  Be  made  out 
to  the  fatiafadlioil  of  fuch  judge  or  juftice,  by 
the  oath  or  aSrma'aon  of  any  perfon  or  per- 


t  3"  ] 

ions,  by  fpecial  warrant  or  warrants  under  theit  s-ifpe - 


pefpeclive  hands  and  feals,  to  authorize  any  o.  ?^\ 
the  officers  of  infpeclion,  by  day,  in  the  prt-  warrant  of 
fence  of  a  cbnftable  or  other  officer  of  the  *J£*j%£*. 
peace,  to  enter  into  all  and  every  fuch  place  the  peace. 
or  places  in  which  any  of  the  faid  fpirits  (hall 
be  fufpected  to  be  fo  fraudulently  dopoiited, 
hid  of  concealed,  and  to  feize  and  carry  away 
iiny  of  the  faid  fpirits   which  (hall  be  there 
found  fo   fraudulently  depoiited,  hid  or  con- 
cealed, as  forfeited. 

Sec.  33.  And  be  it  further  enaclcd^  That  after  spirited 
the  laft  day  of  June  next,  no  fpirituous  liquors  liquors  «. 

.  y     .       J       ..    .      .  r    r  .  •   ,     •  ccpt  "in  or 

except  gin  or  cordials  in  cafes,  jugs  or  bottles,  C).diais  in 
{hall  be  brought  from  any   foreign  port  or  certain v6c- 

1  •  n  r    i      r  •  1    *"         f+C  1        fc's  U>  ')e 

place,  in  cafks  of  lefs  capacity  than  fifty  gal-  forfeited. 
Ions  at  the  leaf!,  on  pain  of  forfeiting  of  the 
faid  fpirits,  and  of  the  fliip  or  vefTel  in  which 
they  fhall  be  brought :  Provided  always  ±  That 
nothing  in  this  act  contained  fhall  be  conftrued 
to  forfeit  any  fpirits  for  being  imported  or 
brought  into  tlie  United  States,  in  other  cafks 
or  velfels  than  as  aforefaid,  or  the  fhip  or  vef- 
fel  in  which  they  {hall  be  brought,  if  fuch  fpi- 
rits fhall  be  for  the  ufe  of  the  feamen  on  board 
fuch  fliip  or  veffel,  and  fhall  not  exceed  the 
quantity  of  four  gallons  for  each  fcaman. 

Sec.  34.  And  be  it  further  euacicd,  That  in 
every  cafe  in  which  any  of  the  faid  fpirits  fhall  be  Ol  vd 
forfeited  by  virtue  of  this  acl,  the  cafks,  veffels 
and   cafes   containing  the  fame,  fhall  alfo  be 
forfeited. 

Sec.  55.  And  be  it  further  enafted,  That  eve- 
ry diftiller  of  Ipirits,  on  which  .the  duty  is '  J"|^( 
9 hereby   charged  by  the  gallon,  fhall  keep  or  kiods'and 
caufe  to  be  kept,  an  exacl:  account  of  the  faid 
fpirits,  which  he  or  fhe  mail  fell,  fend  out  or 
VOL.  L  S  2 


L     3-     J 

dii'tii,  diftingaiflnng  their  feveral  kinds  anct 
proofs  ;  and  fhall  every  day  make  a  juft  and 
true  entry  in  a  book,  to  be  kept  for  that  pur- 
pofe,  of  the  quantities  and  particulars  of  the 
laid  fpirits  by  him  or  her  fold,  fent  out  or  dif- 
tilled  on  the  preceding  day  ;  fpecifying  the 
marks  of  the  ieveral  calks  in  which  they  fhall 
be  fo  fold  or  fent  out,  and  the  perfon  to  v/hom 
and  for  whofe  life  they  fhall  be  fo  fold  or  fent 
out  :  which  faid  books  fhall  be  prepared  for 
TO  '-ic  ex-  ^le  making  fuch  entl"ies5  and  foall  be  deliver- 
by  cd  tfpon  demand,  to  the  faid  diftillers,  by  the 


of  fur,erv;fors  of  the  revenue  of  the  feveral  dif- 

iflfpedtion         7  .,  i  r      i  r  r  i 

tncts,  or  by  fuch  perion  or  perfons  as  they 
fhall  reflectively  for  that  purpofe  appoint,  and 
liiall  be  feverally  returned  or  delivered  at  the 
end  of  each  year,  or  when  the  fame  mall  be 
reflectively  filled  up,  (which  fhall  firll  happen) 
to  the  proper  officers  of  infpection  ;  and  the 
truth  of  the  entries  made  therein  mail  be  ve- 
rified, upon  the  oath  or  affirmation  of  the  per- 
fon by  whom  thofe  entries  lhall  have  been 
made,  and  as  often  as  the  faid  books  fhall  be 
furnifhed  upon  like  demand  by  the  proper  of- 
ficers of  inflection,  to  the  faid  diltillers  ref- 
*pectively.  And  the  faid  books  fhall  from  time 
to  time  while  in  the  poifefTion  of  the  faid  dif- 
tillers, lie  open  for  the  infpeclion  of,  and  up- 
on requefi  mall  be  fhewn  to  the  proper  offi- 
cers of  infpeclion  under  whofe  furvey  the  faid 
diltiilers  mall  refpeclively  be,  who  may  take 
fuch  minutes,  memorandums,  or  tranfcripts- 
thereof,  as  they  may  think  fit.  And  if  any  fuch 
diftiller,  iliall  neglect  or  refufe  to  keep  fuch 
•  v  for  book  or  books,  or  to  make  fuch  entries  there- 

refufal  or      •  r  tQ   fliew  ^g     1'ame  UpOn    requeii:      tO  the 

„  r  .     _      ^  .     r  T  .     . 

proper  officer  of  infpeclion,  or  not  return  the 
jams  according  to  the  directions  of  this  act,  he 


[     323     J 

«r  {lie  mail  forfeit  for  every  fuch  refufal  or 
neglect,  the  fum  of  one  hundred  dolkrs. 

Sec.  36.  And  be  it  farther  enacled,  That  the  .. 
penalties  by  this  act  impofed  on  diftillers  for  this°acK,  ' 
neglecting  to  make  report  to  the  infpectors,  "eotdf°  cx~ 
of  their  intentions  of  diftilling  fpirits,  or  for  certain- 
neglecting  to  mark  the  houfes,  apartments  or  caics* 
veflels  to  be  employed,  or  for  neglecting  to 
enter  in  books  the  quantity  of  fpirits  diftilled, 
mail  not  extend  to  any  perfon  who  mall  em- 
ploy one  Hill  only,  and  that  of  a  capacity  not 
exceeding   fifty   gallons,  including  the   ftili- 
head. 

Sec.    37.  And  be  It  further  enabled?  That  Proof  of 
the  feveral  kinds  of  proof  herein  before  fpeci-  d?ftinguifl> 
fied,   (hall  in  marking  the  cafks,  veflels  and  cd- 
cafes  containing  any  diftilled  fpirits,  be  diftin- 
guifhed  correfponding  with  the  order  in  which 
they  are  mentioned  by  the,  words   "  FIRST 
"PROOF;""SECOND  PROOF  ;""THIRD  PROOF;" 
FOURTH  PROOF;"  "  FIFTH  PROOF;"  "  SIXTH 
PROOF."  And  that  it  be  the  duty  of  the  Se- 
cretary of  the  Treafury,  to  provide  and  fur- 
nifh  to  the   officers  of  infpection  and  of  the 
cuftoms,  proper  inftruments  for  afcertaining  infi  tiu'n'* 
the  faid  feveral  proofs. 

Sec.  38.  And  be  it  further  ennclcd,  That  in  pmceid- 
any  profecution  or  action  which  maybe  brought  |"g^".^ 
againft   any  fupervifor  or  other  officer  of  in-  i>y  ^~HCC  r« 
fpection,  for  any  feizure  by  him  made,  it  ihall  "/vinr:if'c" 
be  necefTary  for  fuch  fupervifor  or  officer  to 
juftify  himfelf  by  making  it  appear  that  there 
was  probable  caufe  for  making  the  faid  fei- 
zure ;  upon  which,  and  not  otherwife,  a  ver- 
dict Ihall  pafs  in  his  favor.    And  in  any  fuch 
action  or  profecution,  or  in  any  action  or  pro- 
iecuticn  which  may  be  brought   againft  fuch 


.1 

fupervifor  or  other  officer,  for  irregular  or  im- 
proper conduct  in  the  execution  of  his  duty., 
the  trial  (hall  be  by  jury.  And  in  any  action 
for  a  feizure,  in  which  a  verdict  fhall  pafs  for 
fuch  officer,  the  jury  (hall  neverthelefs  aflefs 
reafonable  damages  for  any  prejudice  or  wafte 
(according  to  the  true  amount  in  value  there- 
of) which  ihall  be  fnewn  by  good  proof  to 
have  happened  to  the  fpirits  ieized,  in  confe- 
quence  of  fuch  feizure-;  and  alfo  for  the  de- 
tention of  the  fame,  at  the  rate  of  fix  per  cent 
per  annum,  on  the  true  value  of  the  faid  fpi- 
rits at  the  time  of  fuch  feizure,  from  that  time 
to  the  time  of  reftoration  thereof;  which  ftiall 
be  paid  out  of  the  treaiury  of  the  United 
States :  Provided,  That  no  damages  (hall  be 
aflefled  when  the  feizure  was  made  for  want 
-  of  the  proper  certificate  or  certificates,  or  by 

tificates,  or  re  r    r  i  n  rr  r  • 

negligence,  reafon  or  a  reiuial  to  Ihew'any  officer  or  in- 
to bt  mf-  fpection,  upon  his  requeft,  the  fpirits  in  any 

tamed  by        L  j    u        r       i      '1  J-  i  A     J  • 

the  officers,  entered  houie,  building  or  place  :  And  provi- 
ded alfo,  That  if  it  (hall  appear  from  the  ver- 
dict of  the  jury,  that  any  fuch  prejudice  or 
wafte  was  fuftained  by  the  negligence  of  the 
officer,  he  (hall  be  refponfible  therefor  to  the 
United  States. 

penalty  on  Sec.  39«  And  be  it  further  enabled ,  That  if 
fupervi-  any  fupervifor  -or  other  officer  of  infpeclion, 
co'nviaed  in  any  criminal  profecution  againfl  him,  fhall 
ofoppref-  ]^e  convicted  of  oppreffion  or  extortion  in  the 

iiou    or  ex-  .  r    -t-         rr  i         ^      11     i        r         i 

tonion.  execution  of  his  office,  he  ihall  be  fined  not 
exceeding  five  hundred  dollars,  or  imprifoned 
not  exceeding  fix  months,  or  both,  at  the  dif- 
cretion  of  the  court  ;  and  (hali  alfo  forfeit  his 
office. 

NO  fee*  to        Sec.  40.  AndbeitfurtT&renaftediThtyTiQ 

SSSStt'  fee  -a11  be  taken  for  anY  certificate  to  be  if- 
granted,  fued  or  gi  anted  purfuant  to  this  act. 


C     3*5 

Sec.  41.  And  be  It  further  cnacled.  That  if 
any  of  the  faid  fupervifors  or  other  officers  of  « ureis  .u 
infpection,  (hall  neglect  to  perform  any  of  the  Jjjfy*  • 
duties  hereby  enjoined  upon  them  refpective- 
ly,  according  to  the  true  intent  and  meaning 
of  this  act,  whereby  any  perfon  or  perfons 
{hall  be  injured  or  fuffer  damage,  fuch  perfon 
or  perfons  mail  and  may  have  an  action  foun- 
ded upon  this  act,  againfl  fuch  fupervifors  or 
other  officers,  and  mall  recover  full  damages 
for  the  fame,  together  with  coils  of  fuit. 

Sec.   42.  And  be  it  further  enabled.  That  procccd- 
any  action  or  fuit  to  be  brought  againft  any  ing*  in  cafe 

J  r  r  r  t-11'  'of  fuits,    & 

perfon  or  perfons,  for  any  thing  by  him  or  whcntobe 
them  done  in  purfuance  of  this  act,  (hall  be  commeii- 
commenced  within  three  months  next  after 
the  niat^r  or  thing  done,  and  unlefs  brought 
in  a  court  of  the  United  State?,  fliall  be  laid 
in  the  county  in  which  the  caufe  of  action  fhalT 
have  arifen  ;  and  the  defendant  or  defendants 
in  any  fuch  action  or  fuit,  may  plead  the  ge- 
neral iifue,  and  on  the  trial  thereof  give  thi§ 
act  and  the  fpecial  matter,  in  evidence  ;  and 
if  a  verdict  fliall  pafs  for  the  defendant  or  de- 
fendants, or  the  plaintiff  or  plaintiffs  become 
nonfuited,  or  difcontinue  his,  her  or  their  ac- 
tion or  profecution,  or  judgment  mail  be  giv- 
en againfl  fuch  plaintiff  or  plaintiffs,  upon  de- 
murrer or  otherwife,  then  fuch  defendant  or 
defendants  mail  have  cofls  awarded  to  him, 
her  or  them,  againfl  fuch  plaintiff  or  plaintiffs. 

And  in  order  that  perfons  who  may  have 
incurred  any  of  the  penalties  of  this  act,  with- 
out wilful  negligence  or  intention  of  fraud, 
may  be  relieved  from  fuch  penalties, 

Sec.  43.  Be  It  further  enafted,  Thai  it  mall 
be  lawful  for  the  judge  of  the  diftrict  within 
which  fuch  penalty  or  forfeiture  ffiall  have 
been  incurred,  at  any  time  within  one  year 


[     326     ] 

secretary    after  the  laft  day  of  June  next,  upon  petition 
iol  of  the  party  who  fhall  have  incurred  the  fame, 
»-  to  enquire  in  a  fummary  way  into  the  circum- 
for_    fiances  of  the  cafe,  firil  caufmg  reafonable  no- 

feitures  &    tice  to  be  given  to  the  perfon  or  perfons  claim- 
penalties  in  .         r     i  i  r     r  •  T  i 

certain       mg  «*CM  penalty  or  ioneiture,  and  to  the  at- 

<:afes.  torney  of  fuch  diftricl ;  to  the  end  that  each 
may  have  an  opportunity  of  mewing  caufe 
againfl  the  mitigation  or  remiilion  thereof ; 
and  mall  caufe  the  facls  which  fhall  appear 
upon  fuch  enquiry,  to  be  flated  and  annexed 
to  the  petition,  and  direct  their  tranfmiflion 
to  the  Secretary  of  the  Treafury  of  the  United 
States,  who  fhall  thereupon  have  power  to  mi- 
tigate or  remit  fuch  penalty  or  forfeiture,  if  it 
fhail  appear  to  him  that  fuch  penalty  or  for- 
feiture was  incurred  without  wilful  negligence, 
or  any  defign  or  intention  of  fraud,  and  to 
caufe  any  fpirits  which  may  have  been  feized 
to  be  reflored  to  the  proprietor  or  proprietors, 
upon  fuch  terms  and  conditions  as  fhall  ap- 
pear to  him  reafonable. 

Sec.  44.  And  be  it  further  enacted,  That 
Aypropri-  the  one  half  of  all  penalties  and  forfeitures  in- 
fo!?dtrfres  curred  by  virtue  of  this  a£l,  except  as  above 
and  penal-  provided,  fhall  be  for  the  benefit  of  the  per- 
fon or  perfons  who  fhall  make  a  feizure,  or 
who  fhall  .firft  difcover  the  matter  or  thing 
whereby  the  fame  mall  have  been  incurred  ; 
and  the  other  half  to  the  ufe  of  the  United 
States.  And  fuch  penalty  and  forfeiture  mall 
be  recoverable  with  cofls  of  fuit,  by  action  of 
debt,  in  the  name  of  the  perfon  or  perfons  in- 
titled  thereto,  or  by  information,  in  the  name 
of  the  United  States  of  America  ;  and  it  mail 
be  the  duty  of  the  attorney  of  the  diilritt 
wherein  any  fuch  penalty  or  forfeiture  may 
have  been  incurred,  upon  application  to  him, 
to  inflitute  or  bring  fuch  information  accor- 


C   337   3 

dingly  :  Provided  always.  That  no  officer  of 
infpection  other  than  chief  officer,  or  office 
of  a  furvcy,  fhall  be  intitlcd  to  the  benefit  oi 
any  forfeiture  unlefs  notice  of  the  itizure  bv 
him  made,  ihall  be  by  him  given  within  fcrtv- 
eight  hours  next  after  fuch  feizure,  to  the  laid 
chief  officer  or  officers  ;  but  in  fuch  cafe  the 
United  States  iliall  have  the  entire  benefit  of 
fuch  forfeiture. 

Sec.  45.  And  be  it  further  citified.  That  it  puniiv 
any  perfon  or  perfons  Ihall  counterfeit  or  forge,  "W  Oli 

r  i  r   •        i  «~  7-   r-  rions 

or  caufe  to  be  counterfeited  or  forged  any  or  convicted 
the  certificates  herein  before  directed  to  be  <>-f>;°liI1'ir- 

n      11   i  i  •  !'•        i  writing  ccr- 

given,  or  ihall  knowingly  or  willingly  accept  * 
or  receive  any  falfe  or  untrue  certificate  with 
any  of  the  laid  fpfrits,  or  fliall  fraudulently  al- 
ter or  erafe  any  fuch  certificate  after  the  fame 
mail  be  given,  or  knowingly  or  willingly  pub- 
lifli  or  make  ufe  of  fuch  certificate  fo  counter- 
feited, forged,  falfe,  untrue,  altered  or  erafed, 
every  perfon  fo  offending,  mail ,  for  each  and 
every  offence,  forfeit  and  pay  the  fum  of  five 
hundred  dollars. 

Sec.    46.  Ami  be  it  further  enacled.    That 
any  perfon  or  perfons  that  mail  be  convicted 
of  wilfully  taking  a  falfe  oath  or  affirmation,  <MtK  or  u 
in  any  of  the  cafes  in  which  oaths  or  affirma-  ^"nation, 

'  .        i  i  -i  T  •  r    i   •      ttO>v  to  l>e 

tions  are  reqmred'to  be  taken  by  virtue  of  this 
a6c,  fliall  be  liable  to  the  pains  and  penalties 
to  which  perfons  are  liable  for  wilful  and  cor- 
rupt perjury. 

Sec.   47.  And  be  it  further  enacted^  That  if 
any  perfon  or  perfons  (hall  give,  or  offer  to  ^Hn 
give  any  bribe,  recompence  or  reward  what-  bribes  to 
loever,  to  any  fupervifor  or  other  officer  of  in-  ^auic,0 
fpeclion  of  the  revenue,  in  order  to  corrupt, 
perfuade  or  prevail  upon  fuch  officer,   either 
to  do  any  act  or  acls  contrary  to  his  duty  in 


t    3*5     ] 

the  execution  of  this  aft,  or  to  negleft  or  orriit 
to  do  any  aft  or  thing  which  he  ought  to  do 
in  the  execution  of  this  act,  or  to  connive  at 
or  to  conceal  any  fraud  or  frauds  relating  to 
the  duties  hereby  irnpoied  on  any  of  the  faid 
fpirits,  or  not  todifcover  the  fame,  every  fuch 
perfon  or  perfons,  fhall  for  fuch  offence,  whe- 
ther the  fame  offer  or  propofal  be  accepted  or 
not,  forfeit  and  pay  a  fum  not  exceeding  five 
hundred  dollars. 

orci-        Sec.  48.  And  be  it  further  enaftcd^  That  if 
h-       ally  perfon  or  perfons  fhall  forcibly  obftruft  or 

inff        i  •      i  r  T  i  rr  r    • 

mthe  hinder  any  fuperviicr  or  other  officer  of  m- 
!Tti"''rd.  *Pe<^*on5  m  tne  execution  of  this  aft  or  of  any 
ty.  of  the  powers  or  authorities  hereby  veiled  in 

him,  or  lhall  forcibly  refcue  or  caufe  to  be 
refcued,  any  of  the  faid  fpirits  after  the  fame 
ihali  hfeve  been  feized  by  any  fuch  fupervifor 
or  other  officer,  or  (hall  attempt  or  endeavor 
lo  to  do,  all  and  every  perfon  and  perfons  fd 
offending  j  lhall,  for  every  Tuch  offence,  for 
which  no  other  penalty  is  particularly  provi- 
ded by  this  aft,  forfeit  and  pay  a  fum  not  ex- 
ceeding two  hundred  dollars. 

riupervi-          Sec.  49.  -And  be  it  further  enacted^  That  if 
lors  enter-   any  fuc}1  fupervifor  or  other  officer,  fhall  enter 

ing  into         .      J  \.     ,  .  . 

coiiuiion,     into  any  colluiion  with  any  perion  or  perions 
laiie  mark-  £or  violating  or  evading  any  of  the  provisions 
of  this  aft,  of  the  duties  hereby  impofed,  or 
n  >  fy®^  frau^ulently  concur  in  the  delivery  of  any 
public  ino-  of  the  faid  fpirits,  out  of  any  houfe,  building 
ruKK°aV     or  P-ace?  wherein  the  fame  are  depofited,  with"-. 
mibxL        out  payment  or  fecurity  for  the   payment  of 
the  duties  thereupon,  or  fhall  falfely  or  frau- 
dulently mark  any  cafk,  cafe  or  vefTel,  con- 
trary to  any  of  the  faid  provifions,  or  fhall  em- 
bezzle the  public  money  or  otherwife  be  guilty 
of  fraud  in  his  office,  fuch  fupervifor  or  other 
officer  fhall  for  every  fuch  offence  forfeit  the 


or 


C   329   3 

fum  of  one  thoufand  dollars,  and  upon  con- 
vision  of  any  of  the  faid  offences,  fliall  forfeit 
his  office,  and  fhall  'be  difqualified  for  holding 
any  other  office  under  the  United  States. 

Sec.  50.  And  be  it  further  enacted^  That  in 
every  cafe  in  which  an  oath  or  affirmation  is 
required  by  virtue  of  this  acl,  it  (hall  be  law- 
ful  for  the  fupervifors  of  the  revenue,  or  any  tl0il>  and 
of  them,  or  their  lawful  deputy,  or  the  lawful 
deputy  of  one  of  them,  where  not  more  than 
one  in  a  diftricl,  to  adminifter  and  take  fuch 
oath  or  affirmation.    And  that  wherever  there 
are  more  than  one  fupervifor  for  one  diftrift,  SSiafm 
a  majority  of  them  may  execute  all  and   any  j™ty  «<>t 
of  the  powers  and  authorities  hereby  vefted  t°  ^^ 
in  the  fupervifors  of  the  revenue  :    Provided^  wherc  ,lhc 
That  this  mall   not  be  conftrued  to  make  a  ouht  to 
majority  neceifary  in  any  cafe  in  which,  ac- 
cording  to  the  nature  of  the  appointment  or 
fervice,  and  the  true  intent  of  this  aft,  the  au- 
thority is  or  ought  to  be  fever  al. 

And  for  the  encouragement  of  the  export- 
trade  of  the  United  States  : 

Sec.  $  i.  Be  it  further  enaftcd^  That  if  any  All 
of  the  laid  fpirits  (whereupon  any  of  the  du-  to  exi)or- 
ties  impofed  by  this  aft  (hall  have  been  paid 
or  fecured  to  be  paid)  fhall  after  the  laft  day 
of  June  next,  be  exported  from  the  United 
States  to  any  foreign  port  or  place,  there  fhall 
be  an  allowance  to  the  exporter  or  exporters 
thereof,  by  way  of  draw-back,  equal  to  the 
duties  thereupon,  according  to  the  rates  in 
each  cafe  by  this  aft  impofed,  dedufti-ng  there- 
from half  a  cent  per  gallon,  and  adding  to  the 
allowance  upon  fpirits  diflilled  within  the  Uni- 
ted States,  from  molaffes,  which  fliall  be  fo 
exported,  three  cents  per  gallon,  as  an  equi- 

VOL.  I.  T  2 


wance 


to  expor- 
ters under 
•what  ref- 
trixftions. 


valent  for  the  duty  laid  upon  molaffes  by  the 
faid  aft  making  further  provifion  for  the  pay- 
ment of  the  debts  of  the  United  States  :  Pro- 
vided always-  That  the  faid  allowance  (hall  not 

under  what   ,  ,         J       ,    r        .        ,-   .  , 

relictions,  be  made,  unlefs  the  faid  exporter  or^  expor- 
ters fhall  obferve  the  regulations  herein  after 
prefcribed  :  And  provided  further,  That  no- 
thing herein  contained  fhall  be  conftrued  to 
alter  the  provifions  in  the  faid  former  aft,  con- 
cerning drawbacks  or  allowances,  in  nature 
thereof,  upon  fpirits  imported  prior  to  the  firft 
day  of  July  next. 

Sec.  52.  And  be  it  further  enacted,  That  in 

Allowance  order  to  intitle  the  faid  exporter  or  exporters 
to  the  benefit  of  the  faid  allowances,  he,  me 
or  they,  fhall  previous  to  putting  or  lading  any 
of  the  faid  fpirits  on  board  of  any  fhip  or  vef- 
fel  for  exportation,  give  twenty-four  hours  no- 
tice at  the  lead,  to  the  proper  officer  of  infpec- 
tion  of  the  port  from  which  the  faid  fpirits 
fhall  be  intended  to  be  exported,  of  his,  her 
or  their  intention  to  export  the  fame,  and  of 
the  number  of  cafks,  veffels  and  cafes,  or  ei- 
ther of  them,  containing  the  faid  fpirits  fo  in- 
tended to  be  exported,  and  of  the  refpective 
marks  thereof,  and  of  the  place  or  places  where 
the  faid  fpirits  fhall  be  then  depofited,  and 
of  the  place  to  which,  and  fhip  or  veflel  in 
which  they  fhall  be  fo  intended  to  be  exported. 
Whereupon  it  (hall  be  the  duty  of  the  faid  of- 
ficer to  infpeft,  by  himfelf  or  deputy,  the  cafks, 
veffels  and  cafes  fo  noticed  for  exportation,  and 
the  quantities,  kinds  and  proofs  of  the  fpirits 
therein,  together  with  the  certificates  which 
ought  to  accompany  the  fame  according  to  the 
directions  of  this  act,  which  fhall  be  produced 
to  him  for  that  purpofe  ;  and  if  he  fhall  find 
vhat  the  faid  cafks?  veffels  and  cafes  have  the 


proper  marks  according  to  the  directions  of 
this  act,  and  that  the  fpirits  therein  correfpond 
with  the  faid  certificates,  he  fhall  thereupon 
brand  each  cafk,  vefTel  or  cafe  with  the  word 
"  Exportation  ;"  and  the  faid  fpirits  (hall, 
after  fuch  infpection,  be  laden  on  board  the 
fame  (hip  or  veifel,  of  which  notice  fhall  have 
been  given,  and  in  the  prefence  of  the  fame 
officer  who  mall  have  examined  the  fame,  and 
whofe  duty  it  fhall  be  to  attend  for  that  pur- 
pofe.  And  after  the  faid  fpirits  mall  be  laden 
on  board  fuch  (hip  or  veffel,  the  certificates 
aforefaid  fhall  be  delivered  to  the  laid  officer, 
who  fliall  certify  to  the  collector  of  the  faid 
diftrict,  the  amount  and  particulars  of  the  fpi- 
rits fo  exported,  and  mall  alfo  deliver  the  faid 
certificates  which  mall  have  been  by  him  re- 
ceived, to  the  faid  collector,  which  mall  be  a 
voucher  to  him,  for  payment  of  the  faid  al- 
lowance. 

Sec.  53.  Provided  nevertheless  ^  and  be  It  fur-  Upon  what 
ther  enacted,  That  the  faid  allowance  mail  not  SO 
be  made,  unlefs  the  faid  exporter  or  exporters  llia11  h 
fhall  make  oath,  or  affirmation,  that  the  faid  *' 
fpirits  fo  noticed  for  exportation,  and  laden  on 
board  fuch  fhip  cr  veffel,  are  truly  intended  to 
be  exported  to  the  place  whereof  notice  (hall 
have  been  given,  and  are  not  intended  to  be 
relanded  within  the  United  States  ;  and  that 
he  or  £he  doth  verily  believe  that  the  duties 
thereupon  charged  by  this  act,  have  been  duly 
paid,  or  fecured  to  be  paid  ;  and  fhall  alfo  give 
bond  to  the  collector,  with  two  fureties,  one 
of  whom  fhall  be  the  mafler,  or  other  perfon 
having  the  command  or  charge  of  the  fhip  or 
vefTel  in  which  the  faid  fpirits  ihall  be  intended 
to  be  exported  ;  the  other,  fuch  fufficient  per- 
fon as  fhall  be  approved  by  the  faid  collector, 


C    33*    ] 


ancl  when 

paid 


Forfeiture 


within  u. 


ccpt-ng  in 

certain 
cafes. 


in  the  full  value  in  the  judgment  of  the  faid 
collector,  of  the  faid  fpirits  fo  intended  to  be 
exported,  with  condition  that  the  faid  fpirits 
(the  dangers  of  the  feas  and  enemies  excepted) 
fhall  be  really  and  truly  exported  to,  and  lan- 
ded iiifome  port  or  place  without  the  limits  of 
the  United  States,  and  that  the  faid  fpirits  (hall 
not  be  unfhipped  from  on  board  of  the  faid 
fhip  or  vcffel,  whereupon  the  fame  (hall  have 
been  laden  for  exportation,  within  the  faid 
limits,  or  any  ports  or  harbors  of  the  United 
States,  or  rclanded  in  any  other  part  of  the 
fame  (fhipwreck  or  other  unavoidable  accident 
excepted.) 

Sec.    $4.  Provided  alfo,  and  be  it  further  en- 

_      .      ^  ,          r  .  ,      •/  ,  n      11  t 

acled^  Inat  the  laid  allowance  ihall  not  be 
paid  until  fix  months  after  the  faid  fpirits  fhall 
have  been  fo  exported  :  And  provided  alfo^ 
That  whenever  the  owner  of  any  fhip  or  vef- 
fel,  on  board  of  which  any  fuch  fpirits  are 
laden  for  exportation,  fhall  make  known  to 
the  collector,  previous  to  the  departure  of  fuch 
fhip  or  veffel  from  the  port  where  fuch  fpirits 
are  laden,  that  fuch  fhip  or  veffel  is  not  going 
to  proceed  the  voyage  intended  or  the  voyage 
is  altered,  it  fhall  be  lawful  for  the  collector 
to  grant  a  permit  for  the  relanding  the  fame. 

Sec.  55.  And  be  it  further  enafled^  That  if 
any  of  the  faid  fpirits,  after  the  fame  fhall  have 
been  Clipped  for  exportation,  fhall  be  unfhip- 
ped  for  any  purpofe  whatever,  either  within 

^  l"n*ts  °^  any  Part  °f  tne  United  States,  or 
within  four  leagues  of  the  coafl:  thereof,  or 
f|ia}}  be  relanded  within  the  United  States, 

r  ,  jin-  rr  i         7  •          i    • 

ironi  on  board  the  ihip  or  veilel  wherein  the 
-fame  ^aj}  [lave  been  jajen  for  exportation,  un- 

lefs  the  voyage  fhall  not  be  proceeded  on,  or 
Ihall  be.  altered  as  aforefaid,  or  unlefs  in  cafe  of 


C     333     ] 

neceiTity  or  diflrefs  to  fave  the  fhip  and  goods 
from  peri fh ing,  which  (hall  be  immediately 
made  known  to  the  principal  officer  of  the 
cuftoms,  refidmg  at  the  port  nearefi  to  which 
fuch  fhip  or  veffel  ihall  be  at  the  time  fuch  ne- 
ceffity  or  diftrefs  fhall  arife,  then  not  only  the 
fpirits  fo  unfhipped,  together  with  the  caflcs,! 
veiTels  and  cafes  containing  the  fame,  but  alfo 
the  fhip  or  veflel  in  or  on  board  which  the 
fame  mail  have  been  fo  {hipped  or  laden,  toge- 
ther with  her  guns,  furniture,  ammunition, 
tackle  and  apparel ;  and  alfo  the  (hip,  veflel 
or  boat  into  which  the  faid  fpirits  mail  be  un- 
fhipped or  put,  after  the  unfhipping  thereof,  to- 
gether with  her  guns,  furniture,  ammunition, 
tackle  and  apparel,  (hall  be  forfeited,  and  may 
be  feized  by  any  officer  of  the  cuftoms,  or  of 
irifpection. 

Sec,    56.  And  be  it  further  enacted^  That  en  fpirits 
the  faid  allowance  fhall  not  be  made  when  the  exP°rl^ '» 

r   •  i     r    •    •         n       11  i  i   •  1_  T-  °'her    than 

faid  fpirits  mall  be  exported  m  any  other  than  ;i  {hip  or 
a  fhip  or  veflel  of  the  burthen  of  thirty  tons  vetlcl  of.3° 

.   r  i          r  i  i        r     •   r         tons  and 

and  upwards,  to  be  aicertamed  to  tne  iatisrac-  upwards, 
tion  of  the  collector  of  the  diitrict  from  which  *"™0a 
the  fame  fhall  be  intended  to  be  exported.         made. 
Sec.  «j7.  And  be  it  further  enacted^  That  the 

t'  :'     .i          •  r        r  •  i     n     11          i  When 

bonds  to  be  given  as  arorelaid,  mail  and  may  bonds 
be  difcharo:ed  by  producing  \vit:hin  one  year 

f.  ,  r»          XV  i  /  •. '*  1  1  r/'C      1  r  J       I  x>»  " 

from  the  refpeclive  dates  thereof  (it  the  fame  be  tmdcr  Cer- 
Ihipped  to  any  part  of  Europe  or  America,  and  taiu  proof*- 
within  two  years  if  fhipped  to  any  part  of  Afia 
or  Africa,  and  if  the  delivery  of  the  fpirits  in 
refpecl  to  which  the  fame  mall  have  been  given, 
be  at  any  place  where  a  conful  or  other  agent 
of  the  United  States  refides)  a  certificate  of 
fuch  conful  or  agent,  or  if  there  be  no  fuch 
conful  or  agent,  then  a  certificate  of  any  two 
fciown  and   reputable  American  merchants, 


[     334     ] 

refi cling  at  the  faid  place  ;  and  if  there  be  not 
two  fuch  merchants  refiding  at  the  faid  place, 
then  a  certificate  of  any  other  two  reputable 
when         merchants,  teilifying  the  delivery  of  the  faid 
bena1fchTry  fpir*ts   at  ^  foid  place.     Which  certificate 
ged,  and     ihall  in  each  cafe  be  confirmed  by  the  oath  or 
;~  affirmation   of  the  mafter  and  mate,  or  other 
'  like  officer  of  the  veflel  in  which  the  faid  fpi- 
rits  ihall  have  been  exported  ;  and  when  fuch 
certificate  (hall  be  from  any  other  than  a  con- 
ful   or  agent,   or    merchants    of  the  United 
States,  it  mall  be  a  part  of  the  faid  oath  or 
affirmation,  that  there  were  not  upon  diligent 
enquiry,  to  be  found  two  merchants  of  the 
United  States  at  the  faid  place  :  Provided  al- 
icays,  That  in  the  cafe  of  death,  the  oath  or 
affirmation  of  the  party  dying,  Ihall  not  be 
deemed  neceifary  :  And  provided  further  ^  That 
the  faid  oath  or  affirmation,  taken  before  the 
chief  civil  magiflrate  of  the  place  of  the  faid 
delivery,  and   certified   under  his  hand  and 
feal,  fhall  be  of  the  fame  validity  as  if  taken 
before  a  perfon  qualified  to  adminifter  oaths 
within  the  United  States  ;  or  fuch  bonds  fhall 
and  may  be   difcharged  upon  proof  that  the 
fpirits  fo  exported,  were  taken  by  enemies  or 
perifhed  in  the  fca,  or  deftroyed  by  fire ;  the 
examination  and  proof  of  the  fame  being  left 
to  the  judgment  of  the  collector  of  the  cuf- 
toms,  naval-officer,  and  chief  officer  of  infpec- 
tion,  or  any  two   of  them,  of  the  place  from 
•which  fuch  fpirits  mall  have  been  exported. 
And  in  cafes  where  the  certificates  herein  di- 
rected cannot  be  obtained,  the  exporter  or  ex- 
porters  of  fuch  fpirits,  {hall  neverthelefs  be 
permitted  to  offer  fuch  other  proof  as  to  the 
delivery  of  the  faid  fpirits,  without  the  limits 
•f  the  United  States,  as  he  or  they  may  have  jj 


L     335     J 

and  if  the  fame  fhall  be  deemed  fufficient  by  tobe^re- 
the  faid  collector,  he  fhall  allow  the  fame,  ex- 
cept when  the  drawback  to  be  allowed,  fhall  lerof 
amount  to  one  hundred  dollars  or  upwards ; .  decl'ion"" 
in  all  which  cafes  the  proofs  aforefaid  fliall  be  thereon 
referred  to   the  comptroller  of  the  treafury,  fi™a,t 
whofe  decifion  thereon  fhall  be  final. 

Sec.  58.  And  be  it  further  enacted,  That  it  pendent 
fhall  and  may  be  lawful  for  the  Prefident  of  ™ m'a^lz^ 
the  United  States  from  time  to  time,  to  make  i,>\vance  to 
fuch  allowances  to  the  faid  fupervifors,  infpec-  fcj:6™*0™' 
tors,  and  to  the  deputies  and  officers  by  them  their  icr- 
to  be  appointed  and  employed  for  their  refpec-  ^^»  °"^ 
tive  fervices  in  the  execution  of  this  act,  to  be  dudt  of  the 
.paid  out  of  the  product  of  the  faid  duties,  as  dut!es» 
he  fhail  deem  reafonable  and  proper :  Provi- 
ded always,  That  the  aggregate  amount  of  the 
allowances  to  all  the  laid  fupervifors,   infpec- 
tors  and  other  officers,  fhall  not  exceed  feven 
per  cent  of  the  whole  product  of  the   duties 
arifing  from  the  fpirits  diftilled  within  the  Uni- 
ted States  :  And  provided  alfo,  That  fuch  al- 
lowance  fhall  not  exceed  the  annual  amount  ^^1^5,000 


of  forty-five  thoufand  dollars,  until  the  fame  tlolljy5 
fhall  be  further  afcertained  by  law. 

Sec.  59.  And  be  it  further  enacted^  That  Com- 
this  act  mall  commence  and  take  effect  as  to 
all  matters  therein  contained,  in  refpect  to 
which  no  fpecial  commencement  is  hereby 
provided  (except  as  to  the  appointment  of  of- 
ficers and  regulation  of  the  diftricts  and  fur- 
veys)  from  and  immediately  after  the  laft  day 
of  June  next. 

Sec.  60.  And  be  it  further  enacled.  That  the  Nctt  pro. 
nett  product  of  the  duties  herein  before  fpeci-  duciofdu- 
fied,  which  mall  beraifed,  levied  and  collected  fo^f* 
by  virtue  of  this   act,  or  fo  much  thereof  as  m^nt  of  ia- 
may  be  necelTary,  (hall  be,  and  is  hereby  pledg-  [£~  <u 


C   336  3 


and  to  be 
inviolably 
applied 
thereto. 


ed  and  appropriated  for  the  payment  of  thein- 
tereic  of  the  feveral  and  refpeclive  loans  which 
had  been  made  in  foreign  countries,  prior  to 
the  fourth  day  of  Auguit  laft  ;  and  alfo  upon 
all  and  every  the  loan  and  leans  which  have 
been  and  (hall  be  made,  and  obtained  purfu- 
ant  to  the  act,  intituled, ."  An  act  making  pro- 
vifiOn  for  the  debt  of  the  United  States  ;3)  and 
according  to  the  true  intent  and  meaning  of 
the  faid  act,  and  of  the  feveral  provifions  and 
engagements  therein  contained  and  expreffed, 
and  fubjeet  to  the  like  priorities,  and  referva- 
tions  as  are  made  and  contained  in  and  by 
the  faid  a£t,  in  refpett  to  the  monies  therein 
appropriated,  and  fubjeft  to  this  farther  re- 
fervation,  that  is  to  fay  :  Of  the  nett  amount 
or  product  during  the  prefent  year,  of  the  du- 
ties laid  by  this  act,  in  addition  to  thofe  here- 
tofore laid  upon  fpirits  imported  into  the  Uni- 
ted States,  from  any  foreign  port  or  place,  and 
of  the  duties  laid  by  this  a 61  on  fpirits  diftilled 
v/iihin  the  United  States,  and  on  (tills  ;  to  be 
difpofed  of  towards  fuch  purpofes  for  which 
appropriations  (hall  be  made  during  the  pre: 
fent  feffion.  And  to  the  end  that  the  faid  mo- 
nies may  be  inviolably  applied  in  conformity 
to  the  appropriation  hereby  made,  and  may 
never  be  diverted  to  any  other  purpofe  until 
the  final  redemption,  or  reimburfement  of  the 
loans  or  fums  for  the  payment  of  the  intereft 
whereof  they  are  appropriated,  an  account 
fhall  be  kept  of  the  receipts  and  difpofition 
thereof,  feparate  and  diftirift  from  the  pro- 
duct of  any  other  duties,  import,  excife,  and 
taxes  whatfoever,  except  thofe  heretofore  laid 
and  appropriated  to  the  fame  purpofes. 

Sec.  61.  Arid  be  it  further  enabled.  That >  the 
unappropriated  iurplus,  if  any  there  mail  be, 


C     337     ] 

&f  the  revenue  arifing  under  this  act,  at  the  Unappro. 
end  of  this  and  every  fucceeding  year,  fliall  be  priated 
applied  to  the  reduction  of  the  public  debt,  in  (hu0r^'tu0s  bf 
like  manner  as  is  directed  by  the  act,  intituled,  applied. 
"  An  act  making  provifion  for  the  reduction 
of  the  public  debt ;"  and  provided  by  the  act, 
intituled,  ".An  act  making  provifion  for  the 
debt  of  the  United  States  ;"  unlefs  the  faid 
furplus,  or  any  part  thereof,  (hall  be  required 
for  the  public  exigencies  of  the  United  States, 
and  fhall,  by  fpecial  acts  of  Congrefs,  be  ap- 
propriated thereto. 

Sec.   62.   And  be  it  further  enabled.    That  Duties 
the  feveral  duties  impofed  by  this  act,  fhall  j^a7^ 
continue  to  be  collected  and  paid,   until  the  long  to 
debts  and  purpofes  for  which  they  are  pledg- 
ed and  appropriated,  fliall  be  fully  difcharged 
and  latisfied,  and  no  longer.   Provided  always , 
That  nothing  herein  contained,  (hall  be  con- 
itrued  to  prevent  the  legiflature  of  the  United 
States  from  fubflituting  other  duties  or  taxes 
of  equal  value  to  all  or  any  of  the  faid  duties 
and  imports. 

FREDERICK  AUGUSTUS   MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefent-atives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United 
States,  and  Prefident  of  the  Senate. 

APPROVED,  March  the  third,  1791  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States, 


VOL,  I.  V  a 


C    338    ] 

CHAPTER     XVI. 

An  Aft  making  an  Appropriation  for  the  Pur- 
pofc  therein  mentioned. 

BE  it  enacted  by  the  Senate  and  Houfe  of  Re- 
prefentatives  of  the  United  Stales  of  A  me- 
law  appro.     •       •     Con^refs  afTembled,  That  for  the  pur- 

pnated  for  £ .  J        M  '  . 

cffcainga  pole  or  effecting  a  recognition  of  the  treaty  or 
recognition  fa    United  States,  with  the  new  Emperor  of 

eftnetrea-  . 

ty  with       Morocco,  there  be,  and  hereby  is  appropna- 
ofmMoroc   te<^  a  ^um  not  exceecn'ng  twenty  thoufand  Jol- 
€o;  and      lars,  to  be  paid  out  of  the  monies  which  prior 
to  the  firfl  day  of  January  next,  fhall   arife 
from   the  duties  impofed  upon  fpirits  didilled 
within  the  United  States,  and  from  dills  by 
the  act  entitled,  "  An  act  repealing  after  the 
kit  day  of  June  next,  the  duties  heretofore  laid 
upon  didilled  fpirits  imported  from  abroad, 
and  laying  others  in  their  (lead,  and  alfo  upon 
fpirits  diftilled  within  the  United  States,  and 
for  appropriating  the  fame,"  together  with  the 
excels  of  duties  which  may  arife  from  the  du- 
ties impofed  by  the  faid  act,  on  imported  fpirits 
beyond  thofe  which  would  have  arifen  by  the 
adt  entitled,  "  An  act  making  further  provi- 
fion  for  the  payment  of  the  debts  of  the  United 
preficknt    States."     And  the  Prefident  is  hereby  autho- 
rized  to  take  on  loan,  the  whole  fum  by  this 
act  appropriated,   or   fo  much  thereof  as  he 
may  judge  requifite,  at  an  intered  not  excee- 
ding fix  per  cent,    per  annum,  and  the  fund 
ellablilhed  for  the  above  mentioned  appropri- 
ation, is  hereby  pledged  for  the  repayment  of 
the  principal  and  intered  of  any  loan  to  be 
obtained  in  manner  aforefaid,  and  in  cafe  of 
any  deficiency  in  the  faid  fund,  the  faith  of  the 


[     339     ] 

United  States  is  hereby  alfo  pledged  to  make 
good  fuch  deficiency. 

FREDERICK   AUGUSTUS  MUHLENBERG, 

Speaker  cf  the  Ho  life  of  Reprefrntatives. 

JOHN  ADAMS,  Vice-Preftdent  of  the  United 
States,  and  Prefidcni  of  the  Senate. 

APPROVED,  March  the  third,  1791  : 

GEORGE  WASHINGTON, 

Prejldent  of  the  United  States. 


CHAPTER     XVII. 

An  Ad  to  amend  "  An  Acl^for  ejlabllfoing  the 
temporary  and  permanent  Scat  of  the  Govern- 
ment of  the  United  States ." 

E  //  enacted  by  the  Senate  and  Houfe  ofRe- 
prefcntall-ves  of  the  United  States  of  Ameri- 
ca in  Congrefs  qffenibled,  That  fo  much  of  the 
act,  intitled,  "  An  act  for  eftablifhing  the  tern- 
porary  and  permanent  feat  of  the  government  f]xins the 

riTT.1r,  t°  .         permanent 

or  the    United   States,     as  requires  that  the  feat  of  go- 
whole  of  the  diftrict  of  territory,  not  exceeding  vernmcnt  <>f 

..        r  ] '  .  .      &    U   Stares^ 

ten  miles  fquare,  to  be  located  on  the  river  vcfting  the 

Potowmac,  for  the  permanent  feat  of  the  go- 

vern merit  of  the  United  States,  fiiall  be  loca- 

ted  above  the  mouth  of  the  Eaftern  Branch, 

be  and  is  hereby  repealed,  and  that  it  (hail  be 

lawful  for  the  Prefident  to  make  any  part  of 

the  territory  below  the  faid  limit,  and  above 

the  mouth   of  Hunting   Creek,  a  part  of  the 

faid  diftricl,  fo  as  to  include  a  convenient  part 

of  the  Eaflern  Branch,  and  of  the  lands  lying 


L    340    ] 

©n  the  lower  fide  thereof,  and  alfo  the  town 
of  Alexandria,  and  the  territory  fo  to  be  in- 
cluded, fhall  form  a  part  of  the  difiricl  not  ex- 
ceeding ten  miles  fquare,  for  the  permanent 
feat  of  the  government  of  the  United  States, 
in  like  manner  and  to  all  intents  and  purpofes, 
as  if  the  fame  had  been  within  the  purview  of 
the  above  recited  a  61 :  Provided,  That  nothing 
herein  contained,  mall  authorize  the  erection 
of  the  public  buildings  otherwife  than  on  the 
Maryland  fide  of  the  river  Potowmac,  as  re- 
quired by  the  aforefaid  acl. 

FREDERICK   AUGUSTUS  MUHLENBERG, 
Speaker  of  the  Houfe  of  Representative?* 

JOHN  ADAMS,  Vice-Prcfident  of  the  United 

States,  and  Prefident  of  the  Senate. 
APPROVED,  March  the  third,  1791  : 
GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


CHAPTER     XVIIL 

An  Aftfupplemental  to  the  Aft  "  eftablijhing  the 
Treafury  Department"  and  for  a  farther 
Compensation  to  certain  Officers. 

Sec.    i.      rj  E  //  enacted  by  the  Senate  and 

8th  feenon  ipV.      rr     >       y  r>  /»  •  r      i 

of  a&  cfta-  JJ  Houfe  of  Reprefentati-ves  of  the 

wiping  United  States  of  Africa  in  Congrefs  afjembled? 
JStmrat*"  That  the  eighth  fe&ion  of  the  aft,  intituled, 
extended  to  «  £^  ^ft  to  eflablifh  the  trcafury-department ," 

clerksunder         ^riir  JT  rr>  i 

paned  the  lecond  day  or  September,  one  thow- 
faricj  feven  hundred  and  eighty-nine,  (hall  be7 


[     34!     ] 

and  the  fame  is  hereby  extended  to  all  and 
every  of  the  clerks  employed  in  the  treafury 
department,  as  fully  and  effectually  as  if  they 
and  every  of  them  were  fpecially  named  there- 
in, except  as  to  the  penalty  in  fuch  feclion 
mentioned,  which  in  cafe  of  any  fuch  clerk 
offending  againfl  the  provifions  of  the  laid 
feclion,  mall  be  five  hundred  dollars,  and  re- 
moval from  office. 

Sec.  2.  And  be  it  further  enaftcd.  That  each  clerks  and 
and  every  clerk  and  other  officer  already  ap-  cerTto  take 
pointed  in  any  of  the  departments  of  the  United  an,  oath  .or 

,        i       t       i  r  i  .          affirmation; 

btates,  (and  who  have  not,  fmce  their  appoint- 
ment, taken  the  oath  or  affirmation  hereafter 
mentioned)  mail  within  fifteen  days  after  the 
pafling  of  this  aft,  and  thofe  who  mall  hereafter 
be  appointed,  fhall  before  they  enter  upon  the 
duties  of  fuch  appointment,  take  an  oath  or 
affirmation  before  one  of  the  juflices  of  the 
fuprenie  court,  or  one  of  the  judges  of  a  dif- 
trict  court  of  the  United  States,  to  fupport 
the  ConftitUtion  of  the  United  States,  and  alfo 
an  oath  or  affirmation,  well  and  faithfully  to 
execute  the  trull  committed  to  him,  which 
oaths  or  affirmations,  fubfcribed  by  fuch  clerk,  to  be  nicd 
and  certified  by  the  perfon  adminiilering  the  l"^''[1^ 
£ime,  fhall  be  filed  in  the  office  of  the  perfon  ployed. 
employing  fuch  clerk. 

Sec.  3.  And  be  it  further  enabled r,  That  it  Principal* 
ihall  and  may  be  lawful  for  the  principal  in  ma>r  ^P01" 

r    i  cr  r     i          IT     •        i     o  i          UOfl  tbejOO 

any  or  the  oifices  or  the  United  States,  who  <iois.  allow. 
is  authorized  by  law  to  appoint  clerks  under  ctl  ro  c.ach' 

j  11  excepting 

him,  to  allow  to  each  clerk  fuch  compenfation  chief,  ac- 
for  his  fervices,  as  he  mail,  in  the  opinion  of  ^ns  to 
fuch  officer,  deferve  for  the  fame :  Provided^ 
That  the  whole  fum  to  be  expended  for  clerks 
in  any  fuch  office  (except  the  chief  clerk)  fhall 
not  exceed  a  fum  equal  to  five  hundred  dol- 


342     ] 

lars    per  annum  for  every   ckrk    employed 
therein. 


by  the  au- 

f  or  one  year  ikority  aforefaid^    That  there  (hall  be  allowed 
to  regiftcr,  for  one  year   commencing;  with  the  nailing  of 

auditor,  ~  r»        •  n.  111 

comptroller  this  act,  to  the  Kegiitcr,  two  hundred  and 
^ty  dollars,  and  to  the  Auditor,  the  Comp- 
troller of  the  Treafury,  and  the  Attorney-Ge- 
neral, four  hundred  dollars  each,  in  addition 
to  their  refpective  ialaries,  and  to  be  paid  in 
the  fame  manner. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Representatives. 
JOHN  ADAMS,  Vice-Prcftdent  of  the  United 

States  )  and  Prefident  of  the  Senate. 
APPROVED,  March  the  third,  1791  : 

GEORGE  WASHINGTON, 
Prefident  of  the  United  States. 


CHAPTER     XIX. 

An  Aft  relative  to  the  Rix-Dollar  of  Denmark. 

E  //  enabled  by  the  Senate  and  Houfe  ofRe- 
prefenialh-es  of  the  United  States  of  Ame- 
rica in  Congrefs  cffemblcd,  That  fo  much  of 
an  act,  intituled,  "  An  act  to  provide  more  ef- 
fectually for  the  collection  of  the  duties  impo- 
ied  by  law  on  goods,  wares  and  merchandize 
SToccents  imPorted  illto  the  United  States,  and  on  the 
repealed,     tonnage  of  fhips  or  vefiels,"  as  hath  rated  the 
rix-  dollar  of  Denmark  at  one  hundred 


L     343     1 

be,  and  the  fame  is  hereby  repealed  ;  and  that 
this  repeal  (hall  be  deemed  to  operate  in  ref- 
pecl:  to  all  duties  which  have  already  arifen  or 
accru-ed,  as  well  as  to  fuch  as  mail  hereafter 
arife  or  accrue. 

FREDERICK    AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentatives. 
JOHN  ADAMS,  Vice-Prefident  of  the  United 

States,  and  Prefident  of  the  Senate. 
APPROVED,  March  the  third,  1791  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


CHAPTER     XX. 

An  Acl  in  Addition  to  an  Aft^  intituled,  "  An 
Act  for  ejlablijhing  the  Salaries  of  the  Execu- 
tive Officers  of  Government,  with  their  AJjif* 
tants  and  Clerks. 

Section  i.  13  E  //  cnaclcd  by  the  Senate  and 
j|J  Houfe  of  Reprefentatives  of  the 
United  States  of  America  in  Congrefs  qffembledy 
That  from  and  after   the  paffing  of  this  acl, 
there  fhail  be  allowed  to  the  chief  clerk  of 
the  auditor,  the  annual  fum  of  two  hundred  anceo 
dollars,  in  addition  to  the  falary  allowed  to 
him  by  the  acl,  intituled,  "  An  acl:  eftablifhing  to  the 
the  falaries  of  the  executive   officers  of  go-  c 
vernnient,  with  their   afliftants   and  clerks," 
to  be  paid  at  the  treafury  of  the  United  States, 
in  quarterly  payments,  and  from  like  appro- 


n  removn 


C     344     ] 

priations  as  may  be  afligned  for  the  payment 
of  the  other  falaries  mentioned  in  the  above 
recited  aft. 

SeC<     2*      And    ^   lt  fUrtJj€r    ena&edi     That 

there  be  allowed  to  the  clerks  employed  in 
the  feveral  offices  attached  to  the  feat  of  go- 
phiiadd-  vernment,  in  addition  to  their  refpeftivc  fala- 
cicrks  s°m-  r'ies>  tneir  reafonable  and  neceffary  expences 
ployed  in  incurred  by  the  removal  of  Congrefs  from  the 
officer  [  city  of  New-  York,  to  the  city  of  Philadelphia. 
Sec.  3.  And  be  it  further  enacted^  That 
and  of  400  ^^  ke  al}oweci  to  the  amftant  fecretary  of 

dollars  tori  .  ,  ,.  .  i«ri  c 

year  to  af-  the  treafury,  in  addition  to  his  ialary  tor  one 
Year?  commencing  with  the  pafling  of  this  aft, 
-  four  hundred  dollars,  to  be  paid  in  the  fame 
manner  as  his  falary. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  cfRepreJentatives. 

JOHN  ADAMS,    Vice-Prefident  of  the  United 
States,  and  Prefidcnt  of  the  Senate. 

APPROVED,  March  the  third,  1791  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


CHAPTER     XXI. 

An  Ad  for  making  Compenfations  to  the  Commif- 

fioners  of  Loans,  for  extraordinary  Expenfes. 

(EXPIRED.) 


[     345     1 
CHAPTER     XXII, 

An  Acl  providing  Compenfations  for  the  Officers 
of  the  Judicial  Courts  of  the  United  States^ 
and  for  Jurors  and  Witneffes,  and  for  other 
Purpofes. 

(REPEALED.} 


CHAPTER     XXIII. 

'.An  4d  to  continue  in  Force  for  a  limited  Time, 
an  Ad,  intituled,  "  An  Aft  for  the  temporary 
EJlablifiment  ofthePoft-Office:y 
(EXPIRED.) 


CHAPTER     XXIV, 

An  Ad  to  continue  in  Force  the  Aft  therein 
mentioned,  and  to  make  further  Provifion  for 
the  Payment  of  Pen/tons  to  Invalids,  and  for 
the  Support  of  Light-Houfes ,  Beacons,  Buoys, 
and  public  Piers. 

Sec.  i.  IF)  E  //  enabled  by  the  Senate  and 
Jj  Houfe  of  Reprefentatives  of  the 
United  States  of  America  in  Congrefs  ajjembled, 
That  the  act,  entitled,-  "  An  a6t  to  provide 
for  mitigating  or  remitting  the  forfeitures  and 
penalties  accruing  under  the  revenue  laws  'in 
certain  cafes  therein  mentioned,"  fhall  be  and 
is  hereby  continued  in  force  until  the  end  of 
the  next  feflion  of  Congrefs,  and  no  longer, 
VOL,  I.  X  ^ 


[     346       1 

ftetffciB  to       Sec.-  2,-  And  be  it  further  cnafted^  That  the 
invalids  Jor  year|y  penfioiis  which  have  been  allowed  by  or 

I  year  to  be  J  J   r  r     T_       TT    •       i 

paid  out  of  m  puriuaiice  or  any  act  or  law  or  the  United 


States,  to  perfons  who  were  wounded  and  dif- 
abled  during  the  late  war,  {hall  for  the  fpace 
of  one  year  from  the  fourth  day  of  March 
next,  be  paid  out  of  the  treafury  of  the  United 
States,  under  fuch  regulations  as  the  Prefident 
of  the  United  States  may  direct. 

Experts  Sec.  3,  And  be  it  further  enatted^  That  all 
fui'nn«t  exPen^es  wnicn  mall  accrue  from  the  firit  day 
of  IinigXht-  of  July  next,  inciufively  for  the  neceifary  fup- 
houies,&c.  pOrt  maintenance  and  repairs  of  all  light- 

to  be  de-      {         '  .  ur        •  A.    11 

fravcd  by  houfes,  beacons,  buoys,  and  public  piers,  ihall 
u  .  states  €ontinue  to  be  defrayed  by  the  United  States, 
179!"  >Y  until  the  firfl  day  of  July,  in  the  year  one  thou- 
fand  feven  hundred  and  ninety-two,  notwith- 
ftanding  fuch  light-houfes,  beacons,  buoys,  or 
public  piers,  with  the  lands  and  tenements 
thereunto  belonging,  and  the  jurifdiction  of 
the  fame,  fhall  not  in  the  mean  time  be  ceded 
to  or  vefted  in  the  United  States,  by  the  (late 
or  itates  refpeclively,  in  which  the  fame  may 
be,  and  that  the  faid  time  be  further  allowed 
to  the  itates  refpe£tively,  to  make  fuch  ceffion. 
Provided^  That  nothing  in  the  faid  act  (hall 
foe  COn{trued  to  limit  or  reftrain  the  power  of 
the^Prefident  of  the  United  States,  to  grant 
pardons  for  offences  againfl  the  United  States. 

FREDERICK  AUGUSTUS  MUHLENBER' 

Speaker  of  the  Hoi/fe  of  Reprefentatives* 
JOHN  ADAMS,  Vice-Prefident  of  the  Unitt 
States,  and  Prefident  of  the  Senate. 
APPROVED,  March  the  third,  1791  : 

GEORGE  WASHINGTON, 
Prefident  of  the  United  States. 


C     347     ] 
CHAPTER     XXV. 

An  Ad  fupplcmcntorj  io  the  Aft,  waking  Pro- 
vifion  for  the  Reduction  of  the  Public  Debt. 

WHEREAS  it  hath  been  made  known 
to  Congrefs  that  the  Prefident  of  the 
United  States,   in  confequence  of  "  An   acl: 
making  provifion  for  the  reduction  of  the  pub- 
lic  debt,"  hath  caufed  a  certain  loan  to   be  Loan  in 
made  in  Holland,  on  account  of  the  United  1,lo!l;nid  of 
States,  to  the  amount  of  three  millions  of  flo-  Horiiisat  5 
rins,  bearing;  an  intcreft  of  five  per  centum  per  'At>r  crnt 

v  i         r •*  i      •  •  t*M  i      •     n    i     Per  annum, 

annum,  and  reimburlable  in  fix  yearly  miral- 
inents,  commencing  in  the  year  one  thoufand 
eight  hundred,  and  ending  in  the  year  one 
thoufand  eight  hundred  and  fix,  or  at  any  time 
fooner,  in  whole  or  in  part,  at  the  option  of 
the  United  States. 

And  whereas   it  hath  been  alfo   ftated  to  whereon 
Congrefs,  that  the  charges  upon  the  faid  loan  ^  ^&'f_e* 
have  amounted  to  four  and  a  half  per  centum,  per  cent. 
whereby  a  doubt  hath  arifen,  whether  the  faid 
loan  be  within   the  meaning  of  the  faid  laft 
mentioned  act,  which  limits  the  rate  of  inter- 
eft  to  five  per  centum  per  annum  ; 

And  whereas  it  is  expedient  that  the  faid 
doubt  be  removed  ; 

BE  it  enacted  and  declared  by  the  Senate  and 
Hou/e  of  Representatives  of  the  United   States 

„    J,  .         .      sS  ~      ,-r,,  J       ,        i  r         r  .  ,    declared  to 

of  America  in  Congrefs  ^  lhat  the  loan  arore&id  be  within 
ihali  be  deemed  and  confirued  to  be  within  !h<^  ]-^™e 
the  true  intent  and  meaning  of  the  faid  act,  ^a  £roviC 
intituled  "  An  act  making  provifion  for  the  di"&J.r 

!->,•  ri  IT        iTo  11  rcductii 

reduction   or  the  public  debt,      and  that  any 


iarther  loan,  to  the  extent  of  the  principal  iuin  lii(;.djebr>  * 

,  i       r  «-j       n.      i       alfo  further 

authorized  to  be  borrowed  by  the  laid  act,  the  h>ansonthe 
L  whereof  mail  be  five  per  centum  per  llk^  u'iu*' 


[     343     •] 

annum,  and  the  charges  whereof  (hall  not  ex- 
ceed the  faid  rate  of  four  and  a  half  per  centum, 
fhall,  in  like  manner,  be  deemed  and  conftru- 
ed  to  be  within  the  true  intent  and  meaning  of 
the  faid  aft. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentativcs. 

JOHN  ADAMS,  Vice -Prefident  of  the  United 

States,  and  Prefident  of  the  Senate. 
APPROVED,  March  the  third,  1791  : 

GEORGE  WASHINGTON, 

Prefident  of  the  United  States. 


C  H  A  P  T  E  R     XXVL 

An  Acl  making  farther  Provifion  for  the  Collec- 
tion of  the  Duties  by  Law  impofed  on  Teasy 
and  to  prolong  the  ''Term  for  the  Payment  of 
the  Duties  on  Wines. 

WHEREAS  it  is  conceived  that  the  fol- 
lowing regulations   concerning   teas 
may  be  conducive  both  to  the  accommodation 
of  the  importers  thereof,  and  to  the  fecurity 
of  the  revenue  ; 

Seftion  i.  BE  It  enacted  by  the  Senate  and- 
Houfe  of  Representatives  of  the  United  States  of 
America  in  Congrefs  qffembied^  That  in  addi- 
tion to  the  provifions  contained  in  the  fortieth 
and  forty-firft  fcftions  of  the  aft,  intituled, 
"  An  aft  to  provide  more  effectually  for  the 
collection  of  the  duties  impofed  by  law  on 
goods,  wares  and  merchandize  imported  into 


[     349     3 

the  United  States,  and  on  the  tonnage  of  mips 
or  velTels,"  as  they  regard  the  payment,  or  fe- 
curing  the  payment  of  the  duties  on  teas,  it  importers 
fhall  be  lawful  for  every  importer  of  teas,  if  ^[v^boadi 
he  or  (he  ihall  elecl:  fo  to  do,  to  give  his  or  her  for  double 
bond  to  the  colleger  of  the  diftricl  in  which 
any  of  the  faid  teas  fhall  be  landed,  in  double 
the  amount  of  the  duties  thereupon,  with  con- 
dition  for  the  payment  of  the  faid  duties  in 
two  years  from  the  date  of  fuch  bond  ;  which 
bond  (hall  be  accepted  by  fuch  collector,  with- 
out furety,  upon  the  terms  following  ;  that  is 
to  fay  :  The  teas,  for  the  duties  whereof  the  depofit  the 
faid  bond  fhall  be  accepted,  (hall  be  depofited 
at  the  expenfe  and  rifk  of  the  faid  importer, 
in  one  or  more  florehoufe  or  florehoufes,  as 
the  cafe  may  require,  to  be  agreed  upon  be- 
tween the  faid  importer  and  the  infpeclor,  or 
other  officer  of  infpeclion  of  the  revenue,  for 
the  port  where  the  faid  teas  fhall  be  landed ; 
and  upon  every  fuch  fborehoufe,  the  faid  in- 
Ipector  or  officer  of  infpeclion  fhall  caufe  to 
be  affixed  two  locks,  the  key  of  one  of  which 
locks  fhall  be  kept  by  fuch  importer,  his  or 
her  agent,  and  the  key  of  the  other  of  which 
locks  fhall  be  kept  by  the  laid  infpector,  or  by 
fuch  other  perfon  as  he  fliall  depute  and  ap- 
point in  that  behalf;  whofe  duty  it  ihall  be  to 
attend  at  all  reafonable  time?  for  the  purpofe 
of  delivering  the  faid  teas  out  of  the  faid  ftore- 
houfe  or  florehoufes.  But  no  delivery  fhall  be 
made  of  any  of  the  faid  teas  without  a  permit 
in  writing,  under  the  hand  of  the  faid  mfpector 
or  officer  of  infpedion.  And  in  order  to  the 
obtaining  of  fuch  permit,  it  ihall  be  ncceifery. 
that  the  duties  upon  the  teas,  for  which  the 
fame  mail  be  required,  be  firfl  paid,  or,  at  tho 
option  of  the  party  or  parties  applying  for  ths 


C   35°   ] 

-  t«it   fame,  fecured  to  be  paid  in  manner  following  ; 
a  ,    that  is  to  fay  :  The  faid  party  or  parties  (hall 

v.ithoutthe      .  I  "        *  F 

nrft  give  bond  with  one  or  more  lurety  or  iureties  to 
r  le-  thefatisfadionof  thefaidinfpector,in  double  the 
amount  of  the   duties  upon  the   quantity   of 
teas  in  each  cafe  to  be  delivered,  with  condi- 
tion for  the  payment  of  the  faid  duties,  if  the 
lame  mail  not  exceed  one  hundred  dollars  in 
Jour  months  ;  or,  if  the  fame  mall  exceed  one 
hundred  dollars,  and  mall  not  exceed  five  hun- 
dred dollars,  in  eight  months  ;  or,  if  the  fame 
lhail  exceed   five   hundred  dollars,  in  twelve 
ai-    montns  :  Provided  always.  That  the  time  to 
for    fre  allowed  for  the  payment  of  the  duties  up- 
ent  of  on  an    parcei  of  teas  to  be  delivered,  (hall  not 

duties  not     .        „     /.  r  i-      r        r      i       i       • 

t«  be  ex-  be  men  as  to  extend  the  credit  ior  iuch  duties 
tended,      beyond  the  term  of  two  years  originally  allow- 

ed upon  the  depofiting  of  the  faid  teas. 
Teas  depo-  Sec.  2.  And  be  It  further  enaftedy  That  if 
v?0ic-  tne  duties  on  any  parcel  of  teas,  which  mail 
have  been  depofited  as  aforefaid,  mall  not  have 
k£en  P^d  or  iecured  to  be  paid  in  manner  laft 
fpecined,  within  the  term  of  two  years,  accord- 
ing to  the  condition  of  the  obligation  to  be 
given  to  the  collector  of  the  diftricl,  within 
which  the  lame  (hall  have  been  landed,  it  ihail 
be  the  duty  of  the  faid  collector  to  caufe  fo 
much  of  the  faid  teas,  as  may  be  neceflary,  to 
be  fold  at  public  auction,  and  retaining  the 
Jam  which  ihall  not  have  been  fo  paid  or  fe- 
b- fold  curgd  of  the  faid  duties,  together  with  the  ex- 
penfes  of  fare  keeping  ant!  iale  of  the  faid  teas, 
ma^  return  the  overplus,  if  any,  to  the  owner 
or  owners  thereof,  his,  her  or  their  agent  or 
}awi^11  repreientative. 

Sec.  3.  And  be  it  further  enacled,  That  the 
bonds  which  have  been  or  fhall  be  directed  to 
be  given,  by  this  or  any  other  a£t,  for  monies 


coe 


[     35-'     3 

.€>r  duties  to  be  paid  or  performed  to  the  lrni- 
ted  Suites,  ihall  be  taken  in  the  name  of  the 
United  States  of  America ;   unleis  fpccial  di- 
reclion  mall  have  been  given  to  take  them  in  J^J 
tome  other  name.   And  the  bonds  to  be  taken  ddiv. 
as  aibrefaid,  by  any  infpector  of  the  revenue,  *°'c{^ 
Ihall  be  delivered  by  him  forthwith  to  the  col-  'n-u 
lector  of  the  diitrid  within  which  the  tea?,  to  ™^2££ 
which  they  may  relate,  ihall  have  been  landed,  ted. 
in  order  to  the  collection  of  the  monies  there- 
in ipeciiied.   And  the  permits  which  ihall  have 
.been  granted  by  fuch  infpeftor,  for  the  delive- 
ry of  any  teas,  out  of  any  florehoufe  wherein 
they  ihall  have  been  deposited,  ihall  be  received 
by  fuch  collector  towards  fatisfying  any  bond, 
which  mall  have  been,  in  the  nril  inftauce,  ta- 
ken by  the  faid  collector,  touching  the  laid  teas-; 
which  permits  ihall  therefore  fpecify  the  amount 
of  the  duties  which  ihall  have  been  paid  or  fe- 
cured  upon  the  teas  to  be  delivered  in  virtue 
thereof;  and  the  name  of  the  (hip  or  ve'lcl  in 
which  they  ihall  have  been  imported,  and  of 
the  importer  or  importers  thereof. 

Sec.   4.   And  be  It  further  emitted.  That  all  -JV 
teas,  which  after  the  firfl  day  of  April  next,  poiuJ.  ui 
ihall  be  imported  into  the  United  States  from  \^ 
any  foreign  port  or  place,  ihall  be  landed  un- 
der  the  care  of  the  infpectors  of  the  revenue 
for  the  ports  where  the  fame  ihall  be  reipec- 
tively  landed  ;  and  for  that  purpofe  every  per- 
mit which  ihall  be  granted  by  any  collector, 
for  landing  the  fame,  ihall,  prior  to  fuch  land- 
ing, be  produced  to  the  faid  infpector,  who  by 
an  endorfement  thereupon  under  his  hand, 
ihall  fignify  the  production  thereof  to  him, 
and  the  time  when  ;.  after  which,  and  not 
otherwife,  it  ihall  be  lawful  to  land  the  teas 
mentioned  in  fuch  permit.     And  the  faid  ia- 


C   352   3 


for 


k  marked 


ipe&or  &a^  m^ke  an  entry  of  all  fuch  permits/ 
and  of  the  contents  thereof  ;  and  each  cheit, 
^ox  or  Package  containing  any  teas,  (hall  be 
marked  by  the  officer  under  \vhofe  immediate 
^fpedion  the  fame  mall  be  landed,  in  legible 
,  and  durable  characters,  with  progreffive  num- 
bers,  and  with  the  name  of  the  veflel  in  which 
the  fame  mail  have  been  imported.  And  the 

faid  officer  fhali  grallt  a  certificate   for  each 
fuch  cheft,  box  or  package,  fpecifying  therein 
grane.      tke  name  OY  names  of  t]le  importer  or  impor- 

ters, the  fhip  or  veflel  in  which  the  fame  (hall 
have  been  imported,  and  the  number  thereof 
to  accompany  the  fame  wherefoever  it  mail  be 
fent. 

And  whereas,  for  the  payment  of  the  duties 
accruing  on  Madeira  wines,  and  which  may 
be  fecured  by  bond,  the  term  of  twelve  months 
is  allowed  ;  and  it  is  proper  to  extend,  in  like 
manner,  the  payment  of  the  duties  accruing 
on  other  wines  ; 

Sec.  5.  Therefore,  Be  it  cnaclcd^  That  for 

Term  for   the  payment  of  the  duties  on  other  than  Ma- 

^ayinentof  deira  wines,  and  which  fhall  be  fecured  by 

on-winfe**    bond,  fuch  bond  (hall  be  taken  with  condition 

prolonged,  for  tne  payment  of  the  duties  in  twelve  months, 

in  like  manner  as  by  law  is  directed  for  the 

payment  of  the  duties  on  Madeira  wines. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Rcprcfcntcftives. 
JOHN  ADAMS,  ftce-Prefident  of  the  United 

States,  and  Prefident  of  the  Senate. 
APPROVED,  March  the  third,  1791  : 

GEORGE  WASHINGTON, 
Prefident  of  the  United  State/* 


t    353    3 


CHAPTER     XXVIt. 

An  Aft  for  granting  Lands  to  the  Inhabitant* 
and  Settlers  at  Vincennes  and  the  Illinois  Coun- 
try, in  the  Territory  north -weft  of  the  Ohio,  and 
for  confirming  them  in  their  Poffeffions. 

Sec.  I.     "JF>  E  //  cnacJcd  by  the  Senate  and 

-IJ5  Hoitfe  of  Reprefentatives  of  the 

United  States  of  America  in  Congrcfs  afjemblcd^ 

That  four  hundred  acres  of  land  be  Driven  to 

T-       c     i      r  r  i         •         i  4Ooaci-e$ 

each  or  tnole  perlons,  who  in  the  year  one  of  land 
thoufand  feven  hundred  and  eiglity-three,  were 
heads  of  families  at  Vincennes  or  in  the  lili-  of  a 
nois  country,  on  the  MimTippi,  and  who  fmce  and 
that  time  have  removed  from  one  of  the  faid 
places  to  the  other.     And  the  governor  of  the 
territory  north- weft  of  the  Ohio  is  hereby  di- 
rected, to  caufe  the   fame  to  be  laid  out  for 
them,  at  their  own  expenfe  either  at  Vincen- 
nes or  in  the  Illinois  country,  as  they  mall  fe- 
verally  elect. 

Sec.  2.  And  be  it  fur  tier  ena  tied  and  declar- 
ed, That  the  heads  of  families  at  Vincennes 
cr  in  the  Illinois  country  in  the  year  one  thou-  removed 
fand  feven  hundred  and  eighty-three,  who  af- 
ter wards  removed  without  the  limits  of  tha 
faid  territory,  are  not  with  ftanding,  entitled  to 
the  donation  of  four  hundred  acres  of  land 
made  by  the  refolve  of  Congrefs  of  the  twen- 
ty-ninth of  Augufl,  one  thoufand  feven  hun- 
dred and  eighty-eight ;  and  the  governor  of 
the  faid  territory,  upon  application  to  him  for 
that  purpofe,  is  hereby  directed  to  caule  the 
fame  to  be  laid  out  for  fuch  heads  of  families 
or  their  heirs ;  and  mall  alfo  caufe  to  be  laid 
oft  and  confirmed  to  fuch  perfcns  the  feveral 

VOL.  L  Y  a 


C     354    J 

tracts  of  land  which  they  may  have  poffeffed, 
and  which  before  the  year  one  thoufand  feven 
hundred  and  eighty-three  may  have  been  allot- 
ted to  them  according  to  the  laws  and  ufages 
of  the  government  under  which  they  had  ref- 
-pectively  fettled  :  Provided  never  tJje/efs,  That 
if  they  re-  if  fuch  perfons  or  their  heirs  do  not  return  and 
turn  within  occupy  the  faid  lands  within  five  years,  fuch 
lands  mail  be  confidered  as  forfeited  to  the 
United  States. 

Lands  for-  ^ec.  ^  And  be  it  further  enabled.  That  one 
mtriy  pof-  hundred  and  fifty  acres  of  land,  heretofore  in 
aS'Iw1"  poffeffion  of  the  Piankefliaw  Indians,  and  now 
Indians  under  aclual  improvement,  and  contouring  a 
Part  of  the  village  of  Vincennes,  be  given  to 
the  perfons  who  are  feverally  in  poffeffion  of 
the  faid  land. 

Sec.   4.   And  be   it  further  enacled.   That 

where    lands    have  been  aftually   improved 
claiming     and  cultivated  at  Vincennes,  or  in  the  Illinois 
fii^poffd     country,  under  a  fuppofed  grant  of  the  fame, 
grant,  to     by  any  commandant  or  court  claiming  authori- 
cialmscon-  ty  to  m^ke  fuch  grant,   the  governor  of  the 
firmed.       faid  territory  be,  and  he  hereby  is  empowered 
to  confirm  to  the  perfons  who  made  fuch  im- 
provements, their  heirs   or  ailigns,  the  lands 
fuppofed  to  have  been  granted  as  aforefaid,  or 
fuch  parts  thereof  as  he,  in  his  difcretion,  may 
judge  reafonable,  not  exceeding  to  any  one  per- 
fon,  four  hundred  acres. 

Landshere-      Sec.  5.   And  be  it  further   enafted)  That  a 

tofore  ufed  tra£v  of  lan(|    containinp-  about  live  thoufand 

as  a.  com-       c          ,  ,         '  i  •    i  ,  r  i 

•mon  to  b.;   lour  hundred  acres,  which  for  many  years  has 
appropria-   {jg^  fence(j  anci  ufe<j  by  the  inhabitants   of 

ted  thereto.  ,T.  J      .  .  ^       r 

Vincennes  as  a  common,  alio  a  tract  or  lanct 
including  the  villages  of  Cohos  and  Prairie 
du  Pont,  and  heretofore  ufed  by  the  inhabitants 


r    355     1 

of  the  faid  villages  as  a  common,  be,  and  the 
fame  are  hereby  appropriated  to  the  ufe  of  the 
inhabitants  of  Vinoennes  and  of  the  faid  vil- 
lages refpeftively,  to  be  ufed  by  them  as  a  com* 
mon,  until  otherwife  difpofed  of  by  law. 

Sec.  6.  And  be  it  further  enacted.  That  the 
governor  of  the  faid  territory  be  authorized  to  Militiamen 
make  a  grant  of  land  not  exceeding  one  hmv  ^obtSL 
dred  acres,  to  each  perfon  who  hath  not  obtain-  edany  do- 
ed  any  donation  of  land  from  the  United  States,  JSd^Jrg. 
and  who,  on  the  firft  day  of  Auguft,  one  thou-  ceive  I0« 
fand  feven  hundred  and  ninety,  was  enrolled 
in  the  militia  at  Vincennes  or  in  the  Illinois 
country,  and  has  done  militia  duty,  the  faid 
land  to  be  laid  out  at  the  expenfe  of  the  gran- 
tees, and  in  fuch  form  and  place  as  the  faid 
governor  (hall  direct.    Provided    neverthelefs,  Appropm- 
That  no  claim  founded  upon  purchafe  or  other-  tion  ot  a 
wife,   mail  be  admitted  within  a  traft  of  land  KatiaJ&T 
heretofore  occupied  by  the  Kafkafkia  nation  lndians- 
of  Indians,  and  including  their  village,  which 
is  hereby  appropriated  to  the  ufe  of  the  faid 
Indians. 

Sec.  7.  And  be  it  further  enacled^  That  two  Grant  of  to 
lots  of  land  heretofore  in  the  occupation  of  p- 
the  priefts  at  Cahokia,  and  fituated  near  that 
village,  be,  and  the  fame  is  hereby  granted  in 
fee  to  P.  Gibault  ;  and  that  a  trad  of  land  at 
Kalkafkia,  formerly  occupied  by  the  Jefuits^ 
be  laid  off  and  confirmed  to  St.  Jam  Beouvais, 
who  claims  the  fame  in  virtue  of  a  purchafe 
thereof. 


Sec.  8.  And  be  it  further  enafled,  That  fo 

i         r    i  nrv>,  f         r     1  lands  to  be 

much  or  the  act  or  Congrefs  of  the  twenty-  laid  out  ac- 
eighth  of  Auguft,  one  thoufand  feven  hundred  ^*?com 
and  eighty-eight,  as  refers  to  the  locations  of  grefs  of 
certain  trafts  of  land  directed  to  be  run  out 


C   356    3 

referved  for  donations,  to  the  ancient  fet- 
tiers  in  the  Illinois  country  be,  and  the  fame 
is  hereby  repealed,  and  the  governor  of  the 
faid.  territory  is  directed  to  lay  out  the  fame, 
agreeably  to  the  act  of  Congrefs  of  the  twen- 
tieth of  June,  one  thoufand  ieven  hundred  and 
eighty-eight. 

FREDERICK  AUGUSTUS  MUHLENBERG, 
Speaker  of  the  Houfe  of  Representatives. 

JOHN  ADAMS,  Vice-Prefidcnt  of  the  United 

States,  and  Preftdent  of  the  Senate. 
APPROVED,  March  the  third,  1791  : 

GEORGE  WASHINGTON, 
Prcfident  of  the  United  States. 


CHAPTER     XXVIIL 

n  Aft  for  raljtng  and  adding  another  Regiment 
to  the  Military  Eftablijhment  of  the  United 
States ',  and  fcr  making  farther  Provifionfor 
tk$  Proteflion  of  the  Frontiers. 


I     357     ] 

THERE  AS  Congrefs  did,  by  a  refolutiori  of  the 
twenty-third  day  of  September,  one  .thousand 
feven  hundred  and  eighty-nine,  recommend  to  the  fe- 
vcral  ftates  to  pafs  laws  making  it  cxpreisiy  the  duty  of 
the  keepers  of  their  jails  to  receive  and  lafe  keep  there- 
in all  prifoners  committed  under  the  authority  of  the 
United  States ;  in  order  therefore  to  ciilure  the  adnu- 
nidralion  of  juilice, 

Refo/ved  by  the  Senate  and  Houfc  cf  Reprefentatives  of 
the  United  States  of  America  in  Congrefs  affembled^  That 
in  cafe  any  (late  fhall  not  have  complied  with  the  laid 
recommendation,  the  marfhal  in  fuch  ftate,  under  the 
direction  of  the  judge  of  the  diftrid,  be  authorized  to 
hire  a  convenient  place  to  ferve  as  a  temporary  jail,  and 
to  make  the  neceffary  provifion  for  the  fafe-keeping  of 
prifoners  committed  under  the  authority  of  the  Unit  J 
States,  until  permanent  provifion  mall  be  made  by  law 
for  that  purpofe  ;  and  the  faid  marfhal  lhall  be  allowed 
his  reafonable  expenles  incurred  for  the  above  puipo- 
fes,  to  be  paid  out  of  the  treafury  of  the  United  States. 

FREDERFCK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentafives. 
JOHN  ADAMS,  Vice-Prefident  of  the  United  States* 

and  Prefident  of  the  Senate. 
APPROVED,  March  the  third,  1791  : 

GEORGE    WASHINGTON, 

Prefident  of  the  United  States, 


ACT  AND  TWO  RESOLUTIONS  OMITTEB 
IN    THEIR    PROPER    PLACE.] 

A       N        A       C       T 

Pafled  at  the  firft  Seffion 

OF      THE 

FIRST     CONGRESS 

O  F     T   H   E 

United  States  of  America, 

Begun  and  held  at  the  City  of  New- York,  on 

Wednefday,  the  fourth  of  March,  one 

thoufand  feven   hundred  and 

eighty-nine  : 

AND     OF     THE 

Independence  of  the  United  States, 

THE    THIRTEENTH. 


CHAPTER     IV. 

An  Act  for  eftabUjhing  an  Executive  Department ', 
to  be  denominated  the  Department  of  Foreign 
Affairs* 

Section  i.  1[J  E  //  enabled  by  the  Senate  and 
_Jj   Houfe  of  Representatives  of  the 

United  States  of  America,  in  Congrefs  ajfembled-^  duty 
That  there  fhall  be  an  executive  department, 
to  be  denominated  the  department  of  foreign 
iilfairs,  and  that  there  fhali  be  a  principal  offi- 
cer therein,  to  be  called  the  Secretary  for  the 
Department  of  Foreign  Affairs,  who  mall  per- 
form and  execute  fuch  duties  as  mall  from 
time  to  time  be  enjoined  on  or  intruded  to  him 
by  the  Prefident  of  the  United  States,  agree- 


C   36°   3 

to  the  conftitution,  relative  to  correfpon- 
dences,  commiffions  or  inftruclions  to  or  with 
public  miniflers  cr  confuls,  from  the  United 
States,  or  to  negociations  wit«h  public  minifters 
from  foreign  ftates  or  princes,  or  to  memo- 
rials or  other  applications  from  foreign  public 
miniflers  or  other  foreigners,  or  to  fuch  other 
matters  refpefting  foreign  affairs,  as  the  Pre- 
lident  of  the  United  States  fliall  ailign  to  the 
faicl  department :  And  furthermore,  that  the 
faid  principal  officer  mail  conduct  the  bufinefs 
of  the  faid  department  in  fuch  manner  as  the 
Prendent  of  the  United  States  mail  from  time 
to  time  order  or  inilrucl:. 

principal  Sec,  2.  And  be  it  further  cnafted.  That  there 
attv? lus  ^a^  ^c  m  t^le  *a^  department,  an  inferior  of- 
ficer, to' be  appointed  by  the  faid  principal  of- 
ficer, and  to  be  employed  therein  as.  he  fhall 
deem  proper,  and  to  be  called  the  chief  clerk 
in  the  department  of  foreign  affairs,  and  who, 
whenever  the  faid  principal  officer  iliall  be  re- 
moved from  office  by  the  President  of  the  Uni- 
ted States,  or  in  any  other  cafe  of  vacancy, 
fhall,  during  fuch  vacancy,  have  the  charge 
and  cuftody  of  all  records,  books  an.i  papers 
appertaining  to  the  faid  department. 

Sec.  7.  And  be  it  further  enacted,  That  the 

Oath  of        f  .  ,         .  °  .      .        r      J  .  ' 

office.  laid  prmcip'il  oliicer,  and  every  other  perion 
to  be  appointed  or  employed  in  the  faid  de- 
p'lrtment,  fhall,  before  he  enters  on  the  execu- 
tion cf  his  office  or  employment,  take  an  oath 
or  affirmation,  well  and  faithfully  to 'execute 
the  trufc  committed  to  h":"i. 

«****,  tSe=i  4-  And.b,  it.furtb*  ^'^That 
to  take  the  Secretary  for  the  dc  -irtinent  of  foreign 
S^^c  a^rs3 to  be  appoints  in  consequence  of  this 
•f  foreiga  acl,  fhall  forthwith  ait^  his  appointment,  be 
cntiikJ  to  hayc  the  cuftodv  and*  charge  of  all 


C 

records,  books  and  papers  in  the  office  of  Se* 
cretary  for  the  department  of  foreign  affairs, 
heretofore  eftablifhed  by  the  United  States  in 
Congrefs  aflembled. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  ofReprefentatives. 

JOHN  ADAMS,  Vice-Prefident  of  the  United 
States,  and  Prefident  of  the  Senate* 

APPROVED,  July  twenty-feven,  1789: 

GEORGE  WASHINGTON, 

Prefident  of 'the  United  States. 

VOL.  I.  Z  2 


N 


C    3?*    ] 

RESOLVED  by  the  Senate  and  Houfe  of  Repr.efenta- . 
tives  cf  the  United  States  of  America  in  Congrefs 
affemblcd,  That  it  be  recommended  to  the  Legiflatures 
of  the  feveral  dates  to  pafs  laws,  making  it  exprefsly 
the  duty  of  the  keepers  of  their  gaols,  to  receive  and 
fafe  keep  therein  all  prifoners  committed  under  the  au- 
thority of  the  United  States,  until  they  {hall  be  dif- 
charged  by  due  courfe  of  the  laws  thereof,  under  the 
like  penalties  as  in  the  cafe  of  prifoners  committed 
under  the  authority  of  fuch  dates  reipeftively ;  the 
United  States  to  pay  for  the  ufe  and  keeping  of  fuch 
gaols,  at  the  rate  of  fifty  cents  per  month  for  each  pri- 
ibner  that  {hall,  under  their  authority,  be  committed 
thereto,  during  the  time  fuch  prifoners  mall  be  therein 
confined  ;  and  alfo  to  fupport  fuch  of  faid  prifoners 
as  {hall  be  committed  for  offences- 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentati-ves. 
JOHN  ADAMS,  Vicc-Prefident  ef  the  United  .States* 

and  Prefident  of  the  Senate. 
APPROVED,  September  the  2%d,  1789: 

GEORGE    WASHINGTON, 

Prefident  of  the  United  States. 


ESOLVED,  That  it  (hall  be  the  duty  of  the  Se- 
cretary of  State,  to  procure  from  time  to  time 
iuch  of  the  ftatutes  of  the  feveral  dates  as  may  not 
be  in  his  office. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentativcs. 
JOHN  ADAMS,  Vice- Prefident  of  the  United 

States,  and  Prefident  of  the  Senate. 
APPROVED,  September  the  23d,  1789  : 

GEORGE  WASHINGTON, 

of  the  United  States-. 


T    H    E 

TREATIES 


MADE    BY    THE 


UNITED   STATES 

.. 

AMERICA, 


WITH 


. 

Foreign  Nations. 


TREATY  OF  ALLIANCE 


BETWEEN    THE 


United  States  of  America 


AND 


HIS  MOST  CHRISTIAN  MAJESTY. 


TREATY  OF  ALLIANCE 

BETWEEN    THE 

United  States  of  America 

AND 

MIS  MOST 'CHRISTIAN  MAJESTY. 


ORIGINAL. 

TREATY  OF  ALLIANCE. 

1HE  Mod  Chriftian  King  and  the  United 
States  of  North- America  ;  to  wit :  New- 
Hampfliire,  Maffachuretts-bay,  Rhode-Ifland, 
Connecticut,  New- York,  New-Jerfey,  Penn- 
fylvaniarDelawiire,  Maryland,  Virginia,  North- 
Carolina,  South-Carolina,  and  'Georgia,  hav- 
ing this  day  concluded  a  treaty  of  Amity  and 
Commerce,  for  the  reciprocal  advantage  of 
their  fubjects  and  citizens,  have  thought  it 
necefTary  to  take  into  confederation  the  means 
of  ftrengthening  thofe  engagements,  and  of 
rendering  them  ufeful  to  the  iafety  and  tran- 
quility  of  the  two  parties  ;  particularly  in  cafe 
Great-Britain  in  refentment  of  that  connec- 
tion and  of  the  good  correfpondence  which  is 
the  object  of  the  faid  treaty,  fhould  break  the 
peare  with  France,  either  by  direct  hostilities, 
or  by  hindering  her  commerce  and  navigation 
in  a  manner  contrary  to  the  rights  of  nations, 
and  the  peace  fubfifting  between  the  two 
corowria:  And  bis  Majeily  and  the  faid  United 


TRAITE    D'ALLIANCE 

ENTRE    LES 

Etats  Unis  cTAmerique 

E  T 

SA  MAJESTE  TRES  CHRETIENNE. 

ORIGINAL. 

TRAITE  D'ALLIANCE 

eventuclle  et  definfi-ve. 

LE  Roi  trcs  Chretien  et  les  Etats  Unis  de 
1' Ameriquc  Septentrionale,  favoir,  New- 
Hampfliire,  la  Baye  de  MaflachufTet,  Rhode- 
Ifland,  Connecticut,  New- York,  New-Jerfey, 
Penfylvanie,  Delaware,  Maryland,  Virginie, 
Caroline  Septentrionale,  Caroline  Meridio- 
nale,  et  Georgia  ;  ayant  conclu  ce  jourd'huy 
un  trait e  d'amitic,  de  bonne  intelligence  et  de 
commerce,  pour  1'avantage  reciproque  de  leurd 
fujets  et  citoyens,  ils  ont  era  devoir  prendre 
en  coniideration,  les  moyens  de  refferrer  leurs 
liaifons,  et  de  les  rendre  utiles  a  Li  furete  et 
a  la  tranquilite  des  deux  parties,  notament 
dans  le  cas  ou  la  Grande  Bretagne,  en  haine 
de  ces  memes  liaifons  et  de  la  bonns  corref- 
pondance  qui  forment  Pobj-et  du  dit  traite,  fe 
porteroit  a  rompre  la  paix  avec  la  France,  foit 
en  Tattaquant  hoflilement,  foit  en  tro ablaut 
Ion  commerce,  et  fa  navigation,  d'une  maniere 
contraire  au  droit  des  gens  et  a  la  paix  fub- 
fiflante  entre  les  deux  couronaes :  Et  fa  MLI- 


C   368    ] 

States,  having  refolved  in  that  cafe  to  join 
their  councils  and  efforts  againft  the  entsrprifes 
of  their  common  enemy,  the  refpe&ive  pleni- 
potentiaries impowered  to  concert  the  claufes 
and  conditions  proper  to  fulfil  the  faid  inten- 
tions, have,  after  the  moil  mature  deliberation, 
concluded  and  determined  on  the  following 
articles  : 


ARTICLE  I. 

ak  If  war  mould  break  out  between  Fraace 
Orcat-Biv  anc^  Great- Britain  during  the  continuance  of 
t4in.  to  be  the  prefent  war  between  the  United  States  and 
Engknd,  his  Majefty  and  the  faid  United 
States  mall  make  it  a  common  caufe  and  aid 
each  other  mutually  \vith  their  good  offices, 
their  counfels  and  their  forces,  according  to 
the  exigence  of  conjunctures,  as  becomes  good 
and  faithful  allies. 


ARTICLE  II. 

object  uf         The  effential  and  direct  end  of  the  prefent 
the  treaty,  defenfive  alliance  is  to  maintain  effectually 
dcneeofthe  tne  liberty,  fovereignty  and  independence  ab- 
u.  btaas.    folute  and  unlimited,  of  the  faid  United  States, 
as  well  in  matters  of  government  as  of  com- 
merce. 


ARTICLE  III. 

Both  par-        The  two   contracting  parties  iliall  each  on 
tjcstoimfo:  -ts  Qwn      rt   an;j  m  t^e  mannerit  may  judge 

evcrv  firort  -1,1          ,-r-  •      • 

to  attain      rioft  proper,  inaice  all  the  efforts  in  its  power 
that  er...i.     againft  their  common  enemy,  in  order  to   at- 
tain the  end  propofed. 


:,69    'J 

jeitc  et  les  dits:Etats  Unis  ay-ant  refolii  everi- 

tueilcivient  d'unir,    chins  le  cas  prevu,  leurs 

conieils  et  leurs  ef Forts   centre  les  entrcpriftss 

ue  leur  erwaemi  conimuii,  les  pleniporentiaires 

.  tifs,  charges  de  concert er  ks  dailies  ct 

conditions  pro;.' res  j.  remplir  leurs  intention^ 

••,  apres  Li  plus  mure  deliberation  concluet 

avrctd  les  points  et  articles  qui  s'enluivent. 

ARTICLE  PREMIER. 

S'  la  <rv:Trc  c elate  cnrre  la  France  ct  la 
Cv  rj  pendant  la  durce  de  la 

guerre  actuelie  entre  les  Etats  Unis  et  PAn- 
1  gleterre,  fa  Majefle  et  les  dits  Etats  Unis  fe- 
ront  caufe  commune  et  s'cnti'aideront  mutu- 
eilement  de  leurs  bens  offices,  de  leurs  confeils 
$t  ds  leurs  forces,  felon  Texigence  des  con- 
joni-clu-rcs,  ainfy  qu'il  convieat  a  de  bons  et 
fiddles  allies, 

ARTICLE  SECOND. 

Le  but  eiFentiel  et  direct  de  ia  prefcnte  al- 
liance defenlive,  eft  de  maintenir  efficacemejif 

la  liberte,  la  fouverainctJ,  et  Pindependance 
abfolue  et  illimitee  des  dits  Etats  Unis,  tant 
til  matiere  politique  quo  de  commerce. 

ARTICLE  TROIS. 

Les  deux  parties  centra  clan  tes  feront  cha- 
rune  de  letir  cote,  et  de  la  maniere  qu'elles 
jugeront  plus  convenabie,  tons  les  efforts.,  qui 
feront  eft  leur  pouvoir,  contre  leur  eniiemi 
commun,  afin  d  atteindre  au  but  qu'elles  fc 
propolent. 

I-  A  3 


C    570    1 

ARTIcLi-1  IV, 


The  contracting  parties  agree  that  in  ca!c 

renceineH-  cith'ef  of  them  fliould  form  any  particular  eii- 

tcrpjir.e.     -terpf  ize  in  which  the  concurrence  of  the  other 

>  may  be  defired,  the  party  v/hofe  concurrence 

is  defiped,  filial  1  readily  and  with  good  faith, 

join  to  acl  in  concert  for  that  purpofe,  as  far 

as  circurnftances  end  its  own  particular  fitua- 

tion  will  permit  ;   and  in  that  cafe,  they  mall 

regulate,  by  a  particular  convention,  the  quan- 

tity and  kind  of  fuccour  to  be  furniihed,  and 

the  time  and  manner  of  its  being  brought  in- 

to action,  as  well  as  the  advantages  which  ^re 

to  be  its  compenfation. 

ARTICLE   V. 

owqueiu        If  the  United  States  fliould  think  fit  to  at- 
*cmpt  the  reduction  of  the  Britifh  power,  re- 


the  United  maining  in  the  northern  parts  of  America,  or 
the  iilands  of  Bermudas,  thofe  countries  or 
iflands  in  cafe  of  fuccefs^  fliall  be  confederated 
with,  or  dependant  upon  the  faid  United 
States. 


ARTICLE  VI. 


'ranee  re- 


The  Mod  Chriftian  King  renounces  for  eve'r 
all  claim  to  the  po'ileilion  of  the  iflands-  of  Bermudas,  as 
certain  we]j  as  of  any  part  of  tj-je  continent  of  North 

countries  if  .  i  •    i      i      r  i  r  r»      •     i 

conquered.  America,  which  berore  the  treaty  or  Fans  in 
1 763,  or  in  virtue  of  that  treaty,  were  acknow- 
ledged to  belong  to  the  crown  of  Great-Bri- 
tain, or  to  the  United  States,  heretofore  cal- 
led Britifh  colonies,  or  which  are  at  this  time, 
or  have  lately  breen  under  the  power  of  the 
king  and  crown'  of  Great-Britain. 


[     37'     ] 

ARTICLE  QUATRE. 

Les  parties  contraclantes  font  ccnv^nues  cjue 
dans  Je  cas  ou  Tune  d'entre  elks  formeroit 
qudqu'  entreprifj  particulie're,  pour  laquelle 
defireroit  le  concours  de  1'autre,  celle-ci,  fe 
preteroit  de  bonne  foi  a  un  concert  fur  cet 
objet,  autant  que  les  (.irconflances  et  fa  pro- 
pre  fituation  pourront  le  lui  permettre,  et  dans 
ce  cas,  on  reglera,  par  une  convention  parti- 
culiere,  la  porte'e  des  fecours  a  fournis,  et  le 
terns  et  la  maniere  de  le  faire  agir,  ainfy  que 
les- avantages  deftines  a  en  former  la  compen- 
fatioa. 


ARTICLE 

Si  les  Etats  Unis  jugent  a  propos  de  tenter 
la  reduction  des  ifles  Bermudes  et  des  parties 
feptentrionales  de  I'Amerique,  qui  font  encore 
au  pouvoir  de  la  Grande  Bretagne,  les  dites 
illes  et  contrees,  en  cas  de  fucces,  tntieront 
dans  la  confederation  ou  feront  depen-Jantes 
cas  dits  Etats  Unis. 

ARTICLE  SIX. 

Le  Roi  tres  Chretien  renonce  a  poifeder 
jamais  les  Bermudes,  ni  aucune  des  parties  du 
continent  de  I'Amerique  feptentrionale,  qui, 
avant  le  traite'  de  Paris  de  mil  fept  cent  foixante 
trois,  ou  en  vertu  de  ce  traite,  ont  e'tc  recon- 
nues  appartenir  a  la  couronne  de  la  Grande 
Breiagne,  ou  aux  Etats  Unis,  qu'oa  appelioit « 
ci-dcvunt  colonies  Britanniqucs,  cu  qai  four. 
maiiitenant,  ou  out  ete  recemment  fous  1^ 
jurifdiclion  et  fous  le  pouvoir  dc  la  cqurouui- 
4e  a  Grande 


[    37*    3 

ARTiGLE  ViL 
If  his  ]vr        !  '-riftiaa  Meil     fhall 


c        to 

tjvit  iiilii3    proper  to  attack  any  of  the  Sands  ntuafed  in 


-Gulph  of  Mexko,   or  near  (hut  G-ulph, 
which  are  at  prefent  under  the  power  c-i  Gv 
Britain,   all  the  laid  ifles,  in  cafe  cf  ifi-icceis, 
{hall  appertain  to  the  crown  of  Fru: 

\ 

ARTICLE  V, 

-;her  of  the  two  parties  (hull  .conclude 
either   truce   or   peace,    with    C/eat-l^'kain, 
ith-  withOut  the  formal  confent  of  the  oth.,r 

-  .         .  j;    .  „ 

-  obtained  ;  and  tney   muiuaiiy  engage  not   to 
lent  nor  •    jay  Jovvn  tlleir  arms  w+i\  the  indeDenclence  of 

lay  down        1-'TT..lr>  nui  i  n 

arms  tin  in-  the  united  States  ihali  have  beer  v  or 

ofu  nScs  taciciy  afTurcJ,  by  the  treaty  or  trea^c^  that 
be  fecurcd.  fhall  terminate  the  \viir. 

ARTICLE  IX. 

:\-o  claim  of      The,  centracliing  p^vtie-  declare,  that  being 
>eftfa-   refbked  to  fulfil  each  on   its   own  part, 
?.r.r    claufes   and  conditions  of.  the  prefent   treaty 
of  alliance,  accordmg  to  its  awn  power  and 
circumftances,  there  th.ill  be  no  after  claim  of 
compenfation  on  one  fide  or  the  other,  whate- 
ver may  be  the  event  of  the  war. 


out  tnc  o- 

ther's  con 


I 


ARTICLE  X. 


TO  adir.it  *     The  Mod   Chrifllan  -King  and  the  United 
other  po\v-  States  agree,  to  invite  or  admit  other  powers 
cede  to  tn<f wno  may  have  received  injuries  from  England, 
?.i!iance.      to  make  common  caufe  with  them,  and  to  ac- 
cede to  the  prefent  alliance,  under  fuch  con- 
ditions as  fhall  be  freely  agreed  to,  and  fettled 
between  all  the  parties. 


[     373     3 
ARTICLE  SEPT. 

Si  fa  Majede  tres  Chretienne  juge  3.  propos 
(d'att:;q-uer  aucune  des  ifle.s  fituccs  dans  le 
poiplic  de  Mexique  ou  pres  du  dit  golphc,  q>ii 
font  a&uellement  au  pouvdr  de  hi  Grande 
I>i:cr-igne,  routes  les  di'es  ifies,  en  ens  ce  HIC- 
ces,  apparticn  jront  a  la  couronne  de  France. 

.ARTICLE  I-."  .'. 

* 

X  jr.rtic's.re  royrra  conc'kirre 

In'Ctagne,  .f:\ns 

i  oe  i'a.utrc: 

pailtie,  t-t  c!kjs  s'eai-.;;;cEL  i;r.^--.;.li^nieni:  a  n£ 
ttye  has  les  armes,  qiie  IprCqpp   rinvlepcn- 
dancc  des  <li's  1/ats  I  Jr.is  :uir .1  i  :  ,;e  fjr- 

riH':'c!iiv.iit  ou  taciteiaent  par  1.-  ti\;i:c   on  L% 
tranes  qui  ^ermiueroM  h  ^,1.  ire. 

ARTICLi:  NKUP. 

I.es  parties  contrac!:antes  cleclarent,  qu'etnnt 
re'j-1'ies  de  rcmplir  chacune  de  fon  cote  ies 
claufes  ct  condiuons  eju  prefect  traite  d'aili- 

:e  felon  ion  pouvoir  et  les  circondances,  elles 
n  Liiii-ont  aucur,e  repetition,  ni  auc;;n  dedom- 
magement,  a  fe  demander  reriproquc-jn-  nr? 
quelquc  piiitlc  etre  I'ev-enement  de  la  guerre. 

ARTICLE  DIX. 

Le  Roi  tres  Chretien  et  les  Etats  Unis  fein 
convenus  d^invitcr  de  concert  ou  d'admettre 
Ies  puilTances,  qui  auront  des  griefs  centre 
TAngleterre,  a  faire  caufe  coin-mune  avec  eux, 
et  a  acceder  i  la  prefente  alliance,  •  feus  les 
conditions  qui  feront  libreincnt  agrees  et  con- 
venues  cntre  toutes  les  parties, 


C     374     ] 
ARTICLE  XI. 

The  two  parties  guaranty  mutually  from 
prefent  time,  and  for  ever  againft  all  other 
power's,  to  wit  :  The  United  States  to  his 
Moil  Chriftian  Majelty,  the  prefent  poifeiTions 
'A'  the  crown  of  France  in  America,  as  well  as 
thofe  which  it  may  acquire  by  the  future  trea- 
ty of  peace  :  And  his  Mofi  Chriftian  Majefty 
guaranties  on  his  part  to  the  United  States, 
their  liberty,  fovereignty  and  independence, 
abfolute  and  unlimited,  as  well  in  matters  of 
government  as  commerce,  and  alfo  their  pof- 
fef lions,  and  the  additions  or  conquefls,  that 
their  confederation  may  obtain  during  the 
war,  from  any  of  the  dominions  now,  or  here- 
tofore pofTeflcd  by  Great-Britain  in  North- 
America,  conformable  to  the  5th  and  6th  ar- 
ticles above  written,  the  whole  as  their  poflef- 
iion  ihall  be  fixed  and  aflured  to  the  faid  ftates, 
at  the  moment  of  the  ceifation  of  their  prefent 
war  v/ith  England. 

ARTICLE  XII. 

In  order  to  fix  more  precifely  the  fenfeand 
application  °f  ^e  preceding  article,  the  cori- 
^acting  parties  declare,  that  in  cafe  of  a  rup- 
:i:re  between  France  and  England,  the  reci- 
procal guarantee  declared  in  the  laid  article, 
ihall  have  its  full  force  and  effect  the  moment 
iucli  war  fnall  break  out ;  and  if  iuch  rupture 
ihall  not  take  place,  the  mutual  obligations  of 
the  laid  guarantee  ihall  not  commence  until 
the  moment  of  the  cdlation  of  the  prefent  war, 
between  the  United  States  and  England,  fhuU 
Ji^ve  ascertained  their  poflbfiions. 


[     375     ] 
ARTICLE  ONZE. 

Les  deux  parlies  fe  garcintiflent  rautr.eile* 
ment  des  a  prefent  et  pour  toujours  erivers  or 
r.ont re  tous,  favoir,  les  Etats  Unis  a  f:i  MaidK-: 
trcs  Chretienn-e  les  poffeffions  a&uelles  de '!::. 
couronne  de  France  en  Amerique,  ainfy  cue 
cellts  qu'elle  pourra  :-.c.]\:^nr  par  le  iutui 
traite  de  paix  ;  Et  ia  Majeile  tres  Chreticnn<% 
garantit  de  ion  cote  aux  Etats  Unis  leur  ll.berie, 
leur  fou verainete  et  leur  inde'pendarice  ablbluc 
et  illimitee,  tant  en  matiere  de  politique  quc 
de  commerce,  ainiy  que  leurs  poiff  iiions  et  Id's 
accroirTements  ou  conquetes  que  leur  confede- 
ration pourra  fe  procurer  pendant  la  guerre 
d'aucun  des  domaines  maintenant  ou  ci-devant 
poiiedes  par 'la  Grande  Bretagne  dans  I'Ainis 
rique  feptentrionalc,  comfermement  aux  arti- 
cles cinq  et  fix  ci-defTus,  et  tout  ainfy  qii3  leiirs 
pofTeffions  feront  fixees  et  aifurees  a  ax  difs 
Etats,  au  moment  de  la  ceiTation  de  ieur  guerre 
adluelle  contre  PAngleterre. 


ARTICLE  DOUZE. 

Afin  de  fixer  plus  precifcment  le  fens  et 
I* application  de  1'artick  precedent,  ks  parties 
contradtantes  declarent  qu'en  cas  de  rupture 
entre  la  France  et  PAngltterre,  la  garantie 
reciproque  enoncce  dans  Is  fufdit  article,  aura 
toute  fa  force  et  valeiir  du  moment  ou  la 
guerre  ^clatera,  et  fi  h  rupture  n'avoit  pas 
lieu,  les- obligations  inutuelles  de  la  dite  ga- 
rantie,  ne  commenceroient,  que  du  moment 
fufdit,  ou  la  ceflTation  de  la  guerre  adlueile 
entre  les  Etats  Unis  et  FAngleterre.  aura  li^^ 
leurs  poffeffions. 


ARTICLE  All!. 

The-  prefent  treaty  fhall  be  ratified  on  both 

tion1.  Ca      fides,  and  the  ratifications  (hall  be  exchanged 

in  the  f:;^-:c  of  fix  months,  or  fconer  if  pcili- 


In  faith  whereof  the  respective  plenipoten- 
tiaries, to  wii  :  On  the  part  of  rhe.Moft  Chrif- 
tian  king,  Conrad  Alexander  Gerard,  Royal 
Syndic  of  the  city  of  Slrafbourgh,.  and  Secre- 
crctary  of  his  Majefty's  Council  of  State  ;  and 
on  the  part  of  the  United  States,  Benjamin 
Franklin,  Deputy  to  the  General  Congrefs 
from  the  ilaie  of  Pennfylvania  and  Pi  eiulent 
of  the  Convention  of  the  -fame  ftate  ;  Silas 
Dervne,  heretofore  Deputy  from  the  ftate  of 
Connecticut,  and  Anhur  Lee,  CounA:!!or  at 
Law,  have  figned  the  above  articles  both  in  the 
French  and  Englifh  languages,  declaring  ne- 
verthelefs,  that  the  prefent  treaty  was  original- 
ly cornpofed  and  concluded  in  the  French  lan- 
guage, and  they  have  hereunto  affixed  their 
ieals. 

Done  at  Paris,  this  fixth  day  of  February  ^ 

one  thottfand  feven  hundred  and  fe  vent  y- 
eight. 

C.  A.  GERARD",  (L.  s.) 

B.  FRANKLIN,  (L.  .s.) 

SILAS  DEANE-,  (L.  s.) 

ARTHTTR  T.FE,  fei  s.) 


C    377    3 
ARTICLE  TREIZE. 

Le  prefent  traite  fera  ratiffie  de  part  e£ 
d'autre  et  les  ratiffications  feront  echangees 
dans  1'efpace  de  fix  mois  ou  pluftot  ft  faire  fe 
peut. 

En  foi  dequoi  les  plenipotentiaires  refpe&ifs, 
favoir,  de  la  part  du  Roi  tres  Chretien  le  Sr- 
Conrad,  Alexandre  Gerard,  Sindic  Royal  de 
la  Ville  de  Strafbourg  et  Secretaire  du  Confeil 
d'Etat  de  fa  Majefte,  et^de  la  part  des  Etats 
Unis  les  Srs.  Benjamin  Franklin,  Depute  au 
Congres  General  de  la  part  de  Tetat  de  Pen- 
fylvanie  et  Prefident  de  la  Convention  du 
meme  etat  ;  Siles  Deane  cy-devant  Depute 
de  Tetat  de  Connecticut,  et  Arthur  Lee  Con- 
feillcr  es  Loix^  ont  figne  les  articles  ci-deflus, 
tant  en  langue  Fran9oife  qu'en  langue  An- 
gloife,  declarant  neanmoins,  que  le  prefent 
traite,  a  ete  originairement  redige  et  arrete 
en  langue  Fran9oife,  et  ils  les  ont  munis  du 
cachet  de  leurs  armes. 


Fait  a  Paris,  le  fixleme  jour  du  mots 
Fcvrier,  mil  fept  centfoixante  dixhuit 


C.  A.  GERARD,  (L.  s.) 

B.  FRANKLIN,  (L.  s.) 

SILAS  DEANE,  (L.  s.) 

ARTHUR  LEE,  (L.  s.) 


VOL.  L  B 


TREATY 

OF  AMITY  AND  COMMERCE 

BETWEEN  THE 

United  States  of  America 

AND 

HIS  MOST  CHRISTIAN  MAJESTY. 

O  R  I  G  I  N  A  I,. 

TREATY  of  AMITY  and  COMMERCE. 

THE '  Moft  Chriftian  King,  and  the -thir- 
teen United  States  of  North  America, 
to  wit :  New-Hampfhire,  Maffachufetts-Bay, 
Rhode-Ifland,  Connecticut,  New-York,  New- 
Jerfey,   Pennfylvania,    Delaware,    Maryland, 
Virginia,  North- Carolina,  South- Carolina,  and 
Georgia,  willing   to  fix  in  an  equitable  and 
permanent  manner,  the  rules  which  ought  to 
be  followed  relative  to  the  correfpondence  and 
commerce  which  the  two  parties  defire  to  ef- 
tablilh,    between    their    refpeciive    countries, 
Hates  and  fubjects,  his  Moft  Chriftian  Majefty 
and  the  laid  United  States,  have  judged  that; 
the  laid  end  could  not  be  better  obtained  tbanj 
by  taking  for  the  bafis  of  their  agreement,  the] 
nioft  perfect  equality  and  reciprocity,  and  by] 
carefully  avoiding  all  thofe  burthenfome  pre-j 
ferences  which  are  ufu  ally  fources  of  debateJ 
embarr  ailment  and  difcontejit ;  by  leaving  aU] 


T     R     A    I    T    E 

D'AMITIE  ET  DE  COMMERCE 


ENTRE    LF,  S 


Etats  Unis  cTAmerique 


E  T 


SA  MAJESTE  TRES  CHRETIENNE, 


ORIGINAL. 

TRAITE  D'AMITIE  et  de  COMMERCE. 

LE  Roi  trcs  Chretien  et  les  treize  Etats 
Unis -de  1'Amerique  Septentrionale,  fa- 
voir,  New-Hampfhire,  la  Baye  de  Maflachuf- 
fet,  Rhode-Ifland,   Connecticut,  New- York, 
New-Jerfey,  Penfylvanie,  les  comtes  de  New- 
caille,  de  Kent  et  de  SuiTex  fur  la  Delaware, 
Maryland,  Virginie,  Caroline,  Septentrionale, 
Caroline   Meridionale,    et   Georgie,   voulant 
etablir  d'une  maniere  equitable  et  permanente 
les  regies  qui  clevront  etre  fuivies  relativement 
a  la  correfpondance  et  au  commerce  que  les 
deux  parties  defirent  d'etablir  entre  leurs  Pai's- 
Etats  et  fujets  refpedifs,  fa  Majefte  tres  Chre- 
tienne  et  les  clits  Etats  Unis  out  juge  ne  pouvoir 
mieux  atteinclre  a  ce  but  qu'en  prenant  pour 
bale  de  leur  arrangement   Tegalite  et  la  reci- 
procite  la  plus  parfaite,  et  en  obfervant  d'eviter 
toutes  les  preferences  onereufes,  fource  de  dif- 
cuflions,  d'embarras,  et  de  mecontentemens, 


C   380   ] 

fo  each  party  at  liberty  to  make,  refpeding 
commerce  and  navigation,  thofe  interior  regu- 
lations which  it  mail  find  moil  convenient  to 
itfelf ;  and  by  founding  the  advantage  of  com- 
merce folely  upon  reciprocal  utility,  and  the 
jufl  rules  of  free  intercourfe  ;  referving  withal 
to  each  party  the  liberty  of  admitting  at  its 
pleafure,  other  nations  to  a  participation  of 
the  fame  advantages.  It  is  in  the  fpirit  of  this 
intention,  and  to  fulfil  thefe  views,  that  his  faid 
Majefly  having  named  and  appointed  for  his 
plenipotentiary,  Conrad  Alexander  Gerard, 
Royal  Syndic  of  the  city  of  Strafbourgh,  Se- 
cretary of  his  Majefty's  Council  of  State  ;  and 
the  United  States  on  their  part,  having  fully 
empowered  Benjamin  Franklin,  Deputy  from 
,  the  flate  of  Pennfylvania  to  the  General  Con- 
grefs,  and  Prefident  of  the  Convention  of  faid 
flate  ;  Silas  Deane,  late  Deputy  from  the  flate 
of  Connecticut  to  the  faid  Congrefs,  and  Ar- 
thur Lee,  Counfellor  at  Law  ;  the  faid  refpec- 
tive  plenipotentiaries  after  exchanging  their 
powers,  and  after  mature  deliberation,  have 
concluded  and  agreed  upon  the  following  ar- 
ticles, 

ARTICLE  I. 

1~nere  ma^  be-  a  firm,  inviolable  and  univer- 
fal  peace,  and  a  true  and  fmcere  friendfhip  be- 
tweeii  the  Mofl  Chriftian  King,  his  heirs  and 
fucceffors,  and  the  United  States  of  America  ; 
and  the  fubjccls  of  the  Mofl  Chriftian  King 
and  of  the  faid  States ;  and  between  the  coun- 
tries., iflands,  cities  and  towns,  fituate  under  the 
jurifdiclicn  of  the  Mofl  Chriflian  King  and  of 
the  faid  United  States,  and  the  people  and  in- 
habitants of  every  degree,  without  exception 
of  perfons  or  places  \  and  the  terms  herein  af- 


C    3»«    j 

de  lailTer  a  chaque  partie  la  liberte  de  faire, 
relativement  au  commerce  et  a  la  navigation 
les  re'glemens  interieurs  qui  feront  a  fa  con- 
venance,  de  ne  fonder  les  avantages-  du  com- 
merce que  fur  foil  utilite  reciproque  et  fur  les 
loix  d'une  juite  concurrence,  et  de  conferver 
ainfi  de  part  et  d'autre  la  liberte  de  f'aire  par- 
ticiper,  chacun  felon  fon  gre,  les  autres  nations, 
aux  memes  avantages.  C'eft  dans  cet  efprit 
et  pour  remplir  ces  vues  que  fa  dite  Majelle 
ayant  nomine  et  conftitue  pour  Ion  plenipo- 
tentiaire  le  Sieur  Conrad  Alexandre  Gerard, 
Sindic  Roial  de  la  ville  de  Straibourg,  Secre- 
taire du  Confeil  d'Etat  de  fa  Majefte,  et  les 
Etats  Unis  aiant,  de  leur  cote,  munis  de  leurs 
pleins  peuyoirs  les  Sieurs  Benjamin  Franklin, 
Depute  an  Congres  General  de  la  part  de 
1'Etat  de  Penfylvanie,  et  Prefident  de  la  Con* 
vention  du  dite  Etat,  Silas  Dearie  ci-devant 
Depute  de  PEtat  de  Connecticut,  et  Arthur 
Lee,  Confeiller  cs  Loix,  les  dits  plenipotentiaires 
refpeclifs  apres  Pcchange  de  leurs  pouvoirs  et 
apr.'s  mure  dt liberation  ont  conclu  et  arrete 
les  points  et  articles  fuivans. 


ARTICLE  I. 

II  y  aura  une  paix  ferme,  inviolable  et  uni- 
verfelle  et  une  amitic  vraie  et  finctre  entre  Le 
Roi  tres  Chretien  fes  benders  et  fuccefleurs, 
et  entre  les  Etats  Unis  de  PAmerique  ainii 
qu'entre  les  fujets  de  fa  Majefte  tres  Chretienne 
et  ceux  des  dits  Etats,  comme  auiii  entre  les 
peuples,  ifles,  villes  et  places  fitues  fous  la  ju- 
rifdiclion  du  Roi  tres  Chretien  et  de;;  dits 
Etats  Unis,  et  entre  leurs  peuples  et  habitants 
de  toutes  les  clalTes,  fans  aucune  exception  de 
perlonncs  ct  de  lieux  j  les  conditions  men- 


C    3*'     1 

ter-  mentioned  fhall  be  perpetual  between  the 
Moll  Chriiiian  King,  his  heirs  and  fucceifors, 
and  the  faid  United  States. 

ARTICLE  II. 

The  Mofi  Chriiiian  King  and  the  United 
fa-     States,  engage  mutually  not  to  grant  any  par- 
ticular  favour  to  other  nations,  in  refpedt  of 
that    commerce  and  navigation,  which  lhall  not  im- 
mediately  become  common  to  the  other  party, 


common  to  wno  frail '-enjoy  the  fame  favour,  freely,  if  the 
tthe  other    conceilion  was  freely  made,  or  on  allowing  the 
fame  compenfation>  if  the  conceilion  was  con- 
ditional. 


ARTICLE  III. 

The  fubjecls   of  the  Moil  Cliriftian  King 


the  King  of  {[^11  pay  in  the  ports,  havens,   roads,  coun- 
he  tries,  iflands,  cities,  or  towns,  of  the  United 


fame  pri-     States,  or  any  of  them,  no  other,  or  greater 

vile«es  in  .  J     n  r      \  7r         " 

the  'united  duties,  or  impoits,  or  what  nature  fbever  they 
states,  a  s     may  ^   or  ^y  what  name  foevcr  called,  than 

the  moft  .     J          \  .    ,      ^  .  n     r  .    7 

favored  ua-«  thofe  which  the  nations  molt  favoured  are  or 
non.  (hall  be  obliged  to  pay  ;  and  they  lhall  enjoy 
all  the  rights,  liberties,  privileges,  immunities, 
and  exemptions  in  trade,  navigation  and  com- 
merce, whether  in  palling  from  one  port  in 
the  faid  Hates  to  another,  or  in  going  to  and 
from  the  fame,  from  and  to  any  part  of  the 
world,  which  the  faid  nations  do  or  fnall  enjoy. 


ARTICLE  IV. 

The  fubjccls,  people  and  inhabitants  of  the 
faid  United  States,  and  each  of  them,  lhall  not 
pay  in  the  ports,  havens,  roads,  ifles,  cities  and 
places  under  the  domination  of  his  Moil 


C   383    ] 

tionnees  au  prefent  traite  feront  perpetuelles 
et  permanentes  entrc  Le  Roi  tres  Chretien,  fes 
Rentiers  et  fucceffeurs,  et  les  dits  Etats  Unis. 

ARTICLE  II. 

Le  Roi  tres  Chretien  ct  les  Etats  Unis 
s'engagent  mutuellernent  a  n'accorder  aucune 
faveur  particuliere  a  d'autres  nations,  en  fait 
de  commerce  et  de  navigation,  qui  ne  devienne 
aufitot  commune  a  1*  autre  partie,  et  celle-ci 
jouira  de  cette  faveur  gratuitement,  ii  la  con- 
celfion  eft  gratuite,  ou  en  accordant  la  meme 
compenfation,  fi  la  conceilion-  eft  conditionelle. 


ARTICLE  III. 

Les  fujets  du  Roi  tres  Chretien  ne  paieront 
dans  les  ports,  havres,  rades,  contrees,  ifles, 
cites  et  lieux  des  Etats  Unis  ou  d'aucun 
d'entr'eux,  d'autres  ni  plus  grands  droits  ou 
impots,  de  quelque  nature  qu'ils  puiflent  etre, 
et  quelque  nom  qu'ils  puiffent  avoir  que  ceux 
que  les  nations  les  plus  favorifees  1'ont,  on 
feront  tenues  de  paier  ;  Et  ils  jouiront  de  tous 
les  droits,  libertes,  privileges,  immunites  et 
exemtions  en  fait  de  negoce,  navigation  et 
commerce,  foit  en  paflant  d'un  port  des  dits 
Etats  a  un  autre  ;  foit  en  y  allant  ou  en  re- 
venant  de  quelque  partie  ou  pour  quelque 
partie  du  monde  que  ce  foit,  dont  les  dites 
nations  jouiflent  ou  jouiront. 

ARTICLE  IV. 

Les  fujets,  peuples  et  habitans  des  dits  Etats 
Unis  et  de  ehacun  d'iceux.ne  paieront  dans 
les  ports,  havres,  rades,  iiles,  villcs  et  places  de 
la  domination -de  fa  Majefle  tres  Chretienne  en 


L    384   3 

Chriftian  Majefty,  in  Europe,  any  other,  c?r 
•Lm  of  the  greater  duties  or  impofts,  of  what  nature  foe- 
i  inked  ver  they  may  be,  or  by  what  name  foever  cal- 
tittedtoThe  led,  than  thofe  which  the  moft  favoured  na- 
iame  privi-  tions  are  or  fliall  be  obliged  to  pay  ;  and  thev 

lopes  in  the    n      n          •  111  •     i  IM          •  •    «i 

dominions    ihall  enjoy  all  the  rights,  liberties,  privileges, 
t.f  i-rai-.ce,    immunities,  and  exemptions  in  trade,  naviera- 

iis  the  moil      .  ~?          r  h 

i.tvored  na-  tion  and  commerce,  whether  in  paning  from 

tion.          one  pQYt  in^he  faid  dominions,  in  Europe,  to 

another,  or  in  going  to  and  from  the  fame, 

from  and  to  any  part  of  the  world,  which  the 

laid  nations  do  or  Ihall  enjoy. 

ARTICLE  V. 

In  the  above  exemption  is  particularly  corn- 
particular    prifed,  the  impofition  of  one  hundred  fols  per 

exemption,    ton     /"fl-aKlifh^rl  in  "Prnnrr*  r\n  •fr>v<=>in-n  fhiT^o  •    nn^ 


5  eftabli{hed  in  France  on  foreign  mips ;  un- 
lefs  when  the  mips  of  the  United  States  fhall 
load  with  the  merchandize  of  France  for  ano- 
ther port  of  the  fame  dominion,  in  which  cafe 
the  faid  fhips  mail  pay  the  duty  above  men- 
tioned fo  long  as  other  nations  the  moil  favour- 
ed fliall  be  obliged  to  pay  it.  But  it  is  under- 
floocl  that  the  faid  United  States,  or  any  of 
them,  are  at  liberty  when  they  fhall  judge  it 
proper,  to  eftablifh  a  duty  equivalent  in  the 
fame  cafe. 


ARTICLE  VI. 

The  Moil  Chriftian  King  fliall  endeavour  by 
all  the  means  in  his  power  to  protect  and  de- 
fend all  veflels  and  the  effecls  belonging  to  the 
fubjecls,  people  or  inhabitants  of  the  faid 
United  States,  or  any  of  them,  being  in  his 
ports,  havens,  or  roads,  or  on  the  feas  near  to 
his  countries^  iflands,  cities  or  towns,  and  to 


C   385   3 

Europe  cTautres  ni  plus  grands  drolls  on  Sni- 
pe*) ts  de  quelque  nature  qu'ils  puiffent  etre  et 
quelque  nom  qu'ils  puiffent  avoir  que  les  na- 
tions les  plus  favorifees  font,  ou  feront  tenues 
'de  paier,  et  ils  jouiront  de  tous  les  droits,  li- 
bertes,  privileges,  immunitJs  et  exemtions  en 
fait  de  n^  goce,  navigation  et  commerce  foit  en 
paffant  d'un  port  a  un  autre  des  dits  Etats  du 
Roi  tres  Chretien  en  Europe,  foit  en  y  allant 
ou  en  revenant  de  quelque  partie  ou  pour 
quelque  partie  du  monde  que  ce  foit,  dont  les 
nations  fufdites  jouiffent  ou  jouiront^ 

ARTICLE  V* 

Dans  Texemtion  ci-demis  eft  hommement 
comprife  1'impofition  de  cent  fous  par  tonneau 
etablie  en  France  fur  les  navires  etrangers,  fi 
ce  n'eft  lorfque  les  navires  des  Etats  Unis 
chargeront  des  marchandifes  de  France,  dans 
un  port  de  France,  pour  urt  autre  port  de  la 
meme  domination,  auquel  cas  les  dits  navires 
des  dits  Etats  Unis  acquitteront  le  droit  dont 
il  s'agit  aufli  long  terns  que  les  autrea  nations 
les  plus  favor  ifres  feront  obligees  de  1'acquitter. 
Bien  entendu  qu'il  fera  litre  aux  dits  Etats 
Unis,  ou  a  aucun  d'iceux  d'etablir,,  quand  ils 
le  jugeront  apropos,  un  droit  equivalent  a  celui 
dont  il  eft  queftion  pour  le  meme  cas  pour 
lequel  il  eft  etabli  dans  les  ports  de  fa  Majeile 
tres  Chretienne. 

ARTICLE  VI. 

Lc  Roi  tres  Chretien  fera  ufage  de  tour,  hz 

moiens  qui  font  en  ion  pouvoir,  pour  pr( 

et  defendrc  tous  les  vaiireau:'  8  appa'rte* 

,  aux  ilijrts,  peuples  et  hjibitans  cks  dits 

Etats  Unis    et  dc  chacun   d'iceux  qui   feront 

ies  pori:s,  havres,   ou  rades,  cu  dans  les 

niers  pres  de  fes  pays,  contr;es,  iiles,  villes  et 

VOL.  I.  C  3 


C.  386    ] 

•Fr";i;^tof  recover  and  reftore  to  the  right  owners,  their 
Sfof the"  agent  or  attornies,  all  fuch  veffels  and  effects, 
citizens  of  which  (hall  be  taken  within  his  jurifdiction ; 
^ates  hi c  and  the  (hips  of  war  of  his  Moft  Chriftian  Ma- 
their  jurif-  jelly  or  any  convoy  failing  under  his  authori- 

diau>n,to     J        ;n      n  11  r  1  J  r     • 

rt-Uorc        t\r,  mall  upon  all  occaiions  take  under   their 

J  * 

c -"irX>den  Prote^i°a5  a^  velfels  belonging  to  the  fubjects, 
and  tofconr  people  or  inhabitants  of  the  laid  United  States, 
xyoy  vdrck  or  any  Of  ijlem  and  holding  the  fame  courfe, 

in  certain  /  ,         r  i °n      11      i     r        *   n      i 

cafes.  or  going  the  lame  way,  and  mall  defend  luch 
veffels  as  long  as  they -hold  the  fame  courfe,  or 
go  the  fame  way,  againft  all  attacks,  force  and 
violence,  in  the  lame  manner  as  they  ought  to 
protect  and  defend  the  veffels  belonging  to  the 
fubjects  of  the  Moft  Chriftian  King. 


ARTICLE  VII. 

^n  1&G  manner  thefaid  United  States  and  their 
stales  to  do  fhips  of  war,  failing  under  their  authority,  (hall 
protect  and  defend,  conformable  to  the  tenor 
of  the  preceding  article,  all  the  velfels  and 
effects  belonging  to  the  fubjects  of  the  Moft 
Chriitian  King,  and  ufe  all  their  endeavours 
to  recover,  and  caufe  to  be  reftored,  the  faid] 
veflels  and  effects  that  mall  have  been  taken! 
within  the  jurifdiction  of  the  faid  United  Stares, 
or  any  of  diem. 

ARTICLE  VIII. 

oi  The  Moft  Chriftian   King  will  employ  hi»> 

x.l°,   p'ood  offices  and  interpolation  with  the  KinJ 

aid  -JuneJ     b  .  •> 

states  to      or  hmperor  of  Morocco  or  r  ez,  the  regenciej 
tk^vitStc  °f  />L%ier:>  Tunis,  and  Tripoli,  or  with  any  ol 
them  ; .  and    alfo   \vith    every    other   Princea 
State  or  Po\ver,  of  the  coaifc  of  -Barbary,  ii 
Africa^  and  the  lubjscts  of  the  faid  King, 


[     337     1 

•f 

places,  et  fcra  tons  fes  efForts  pour  recouvrer 
ct  fairc  reflituer  aux  •  proprictaires  legithnes, 
leurs  agens  ou  inandataires,  tons  les  vaifieaux 
et  eitets  qui  leur  feront  pris  dans  Petendue  de 
la  jurifcucuon  :  Et  les  vaifieaux  dc  guerre  dc 
fa  Majefte  tres  Chretienne  ou  les  convois 
quelconques  faifant  voile  fous  fon  autorile, 
prendront,  en  toute  occafion,  fous  leur  protec- 
tion tous  les  vailTeaux  appartenants  aux  fujets, 
pcuples  et  habitans  des  dits  Etats  Unis  ou 
d'auom  d'iceux,  les  quels  tiendront  le  meme 
cours,  et  feront  la  meme  route,  ct  ils  defcndront 
les  dits  vaifieaux  aufii  long-terns  qu'ils  tiendront 
le  meme  cours  et  fuivront  la  me  me  route,  con- 
tre  toute  attaque  force  ou  violence  d 2  h  r.ieine 
maniere  qu'ils  font  tenus^de  defendre  et  de 
proteger  les  vahTeu;  .rtcnans  aux  fujets 

de  fa  Majefle  tres  Chretienne. 

ARTICLE  VII. 

Pareillement  ks  dits  Etats  Unis  et  leurs 
vaiffeaux  de  guerre  faifant  voile  fous  leur  auto- 
rite  protegeront  et  defendront  conformement 
au  contenu  de  Tarticle  precedent,  tous  les 
vaifieaux  et  efFets  appartenants  aux  fujets  du 
Roi  tres  Chretien,  et  feront  tous  leurs  efforts 
pour  recouvrer  et  faire  reflituer  les  dits  vaif- 
ieaux et  efFets  qui  auront  etc  pris  dans  Pe- 
tendue  de  la  jurifdiclion  des  dits  Etats  et  dc 
chacun  d'iceux. 

ARTICLE  VIII. 

Xe  Roi  tres  Chretien  eir.ploiera  fes  DORS 
offices  et  fon  entremife  aupres  des  Roi  ou  Em- 
pereur  deMaroc  ouFez,  des  Regencesd'Alger, 
Tunis  et  Tripoli,  ou  aupres  d'aucune  d'entr' 
elle.^  ainfi  qu'  aupres  de  tout  autre  Prince,  Etat, 
ou  PuiiTance  des  cotes  de  Barbaric  en  Affrique 
et  des  fujets  des  dits  Roi,  ]'l;::pcrcu:v Etats  et 


C    3p8    3 

peror,  States  and  Powers,  and  each  of  them, 
in  order  to  provide  as  fully  and  efficaciously  as 
poffible  for  the  benefit,  conveniency  and  fafety 
of  the  faid  United  States,  and  each  of  them, 
their  fubjefts,  people  and  inhabitants,  and  their 
vefTels  and  effects  againft  all  violence,  infult, 
attacks,  or  depredations,  on  the  part  of  the 
faid  Princes,  and  States  of  Barbary,  or  their 
iubje&s. 

ARTICLE  IX. 

The  fubjefts,  inhabitants,  merchants,  com- 
manders  of  mips,  matters  and  mariners  of  the 
^ates,  provinces  and  dominions  of  each  party 
refpe&irely  mall  abftain  and  Forbear  to  fifh  in 
all  places  pofTeffed,  or  which  mall  be  porTefled 
by  the  other  party  ;  the  Moft  Chriflian  King's 
fubjeclsfhall  notfilh  in  the  havens, bays,  creeks, 
roads,  coafts  or  places,  which  the  faid  United 
States  hold,  or  (hall  hereafter  hold,  and  in  like 
manner  the  fubjecls,  people  and  inhabitants  of 
the  faid   United  States,  mall  not  fifh    in  the 
havens,  bays,  creeks,  roads,  coafts  or  places, 
which   the  Moft  Chriftian   King  poiTelles,  or 
fliall  hereafter  pofTefs  ;  and  if  any  fliip  or  vef- 
fel  (hall  be  found  filhing  contrary  to  the  tenor 
of  this  treaty,  the  faid  (hip  or  veflel,  with  its 
Jading,  proof  being  made  thereof,  mail  be  con- 
fiicated  ;  it  is  however  underftood  that  the  ex- 
clufion  ftipulated  in   the  prefent  article,  fliall 
take  place  only  fo  long,  and  fo  far  as  the  Moft 
Chriftian  King,  or  the  United  States,  mall  not 
in  this  refpeft  have  granted  an  exemption  to 
fome  other  nation. 

ARTICLE  X. 

The  United   States,   their  citizens  and  in- 
habitants ihall  never  difturb  the  fubjects  of  the 


C     3*9       3 


Puiffances  et  de  chacun  d'iceux  a  PefFet  de 
pourvoir  aufli  pleinement  et  aufli  efficacement 
qu'il  fera  pofiible  a  1'avantage  commodite  et 
furete  des  dits  Etats  Unis  et  de  chacun  d'iceux, 
ainfi  que  de  leurs  fujets,  peuples  et  habitans 
leurs  vaiffcaux  et  effcts  centre  toute  violence, 
mfulte,  attaque  ou  depredations  de  la  part  des 
dirs  Princes  et  Etats  Barbarefques  ou  de  leurs 
fujets. 

ARTICLE  IX. 

Les  fujets,  habitans,  marchands,  comman- 
dans  des  navires,  maitres  et  gens  de  mer,  des 
etats,  provinces  et  domaines  des  deux  parties, 
s'abfliendront  et  eviteront  reciproquement  de 
pecher  dans  toutes  ies  places  pofledees,  ou  qui. 
feront  pofledees  par  1'autre  partie.  Les  fujets 
de  fa  Majefte  tres  Chretienne  ne  pecheront 
pas  dans  Ies  havres,  bayes,  criques,  rades, 
cotes  et  places  que  Ies  dits  Etats  Unis,  pofledent 
ou  pofTederont  a  1'avenir  ;  et  de  la  meme 
maniere  Ies  fujets,  peuples  et  habitans  des 
dits  Etats  Unis  ne  pecheront  pas  dans  Ies 
havres,  bayes,  criques,  rades,  cotes  et  places 
que  fa  Majefte  tres  Chretienne  poflede  acluel- 
lement  ou  pofledera  a  1'avenir,  et  fi  quelque 
navire  ou  Datiment  etoit  furpris  pechant  en 
violation  du  prefent  traite,  le  dit  navire  ou 
batiment  et  fa  cargaifon  feront  confifques  apres 
que  la  preuve  en  aura  ete  faite  duement.  Bien 
entendu  que  1'exclufion  (lipulee  dans  le  prefent 
article  njaura  lieu  qu'autant,  et  fi  long  terns 
que  le  Roi  et  Ies  Etats  Unis  n'auront  point 
accorde  a  cet  egard  d'exception  a  quelque  na- 
tion que  ce  puiile  et^e. 

ARTICLE  X. 

Les  Etats  Unis,  leurs  citoiens  et  hc.bitaus  ne 
troublcrunt  jamais  Ies  fujets  du  Roi  tres  Chre- 


C   390   ] 

citizens  of  Moft  Chriftian  King  in  the  enjoyment  and  ex- 
Jhan'not  erc*fe  °f  tne  right  of  fiihing  on  the  banks  of 
difturbfub-  Newfoundland,  nor  in  the  indefinite  and  ex- 
iSarce^'n  c^ul"ive  right  which  belongs  to  them  on  that 
their  right  part  of  the  coaft  of  that  ifland  which  is  defign- 
onbS«f  Qd  ky  tne  tr.eaty  °f  Utrecht,  nor  in  the  rights 
Newfound,  relative  to  all,  and  each  of  the  ifles  which  be- 
land.  jong  to  j^g  jyjofi  chriiliaii  Majefty,  the  whole 

conformable  to  the  true  fenfe  of  the  treaties 

of  Utrecht  and  Paris. 

^ARTICLE  XL 

The  fubjects  and  inhabitants  of  the  faid 
United  States,  or  any  one  of  them,  mall  not 
be  reputed  aubains  in  France,  and  confcquent- 
ly  mail  be  exempted  from  the  droit  d^aubalne^ 
or  other  fimilar  duty  under  what  name  foever. 
They  may  by  teflament,  donation,  or  other- 

*  The   iwo'  following  Articles   were  originally 
agreed  to,  but  afterwards  refcinded  ;  to  wit : 

ARTICLE  XL 

//  is  agreed  and  concluded  that  there  Jhall  never 
be  any  duty  impofed  on  the  exportation  of  the  mo- 
hijTes  that  may  be  i alien  by  the  fubjccls  cf  any  of 
the  United  States^  from  the  {/lands  of  America 
which  belong,  or  may  hereafter  appertain  to  his 
Moft  Chriftian  Majefty. 

ARTICLE  XII. 

In  compertfation  of  the  exemption  Jtipulaicd  by 
the  preceding  article -,  it  is  agreed  and  concluded^ 
that  there  fljall  never  be  any  duties  impofed  en  the 
exportation  of  any  kind  of  merchandize  which  the 
fubjccls  of  his  Moft  Chriftian  Majejty  may  take 
from  the  countries  (mdpoffejjions.prcfc:ii  or  future ', 
of  any  of  the  Thirteen  United  St$tcs,  for  ihe  life 
of  ihe  ijlands  ^hkhfhailfurnifo  moloffes. 


C     39*     ] 

tien  dans  la  jouiflfance  et  exercife  du  droit  dc 
peche  fur  les  banes  de  Terre  neuve,  non  plus 
que  dans  la  jounTance  indefinie  et  exclufive 
qui  leur  appartient  fur  la  partie  des  cotes  de 
cette  ifle,  defignee  dans  le  traite  d'Utrecht, 
ni  dans  les  droits  relatifs  a  toutes  et  chacune 
des  iiles  qui  apartiennent  a  fa  Majefie  trcs 
Chretieime  ;  le  tout  conforinement  au  verita- 
ble fens  des  traites  d'Utrecht  et  de  Paris. 

*  ARTICLE  XL 

L~s  fujets  et  habitans  des  dits  Etats  Unis  ou 
de  Tun  d'eux  ne  fcront  point  reputes  aubains 
en  France,  et  confequemment  feront  exemts 
du  droit  d'aubaiiie  ou  autre  droit  femblablc 
quelque  nom  qu'il  puifle  avoir  ;  pourront  dif- 
pofer  par  teitament,  donation,  ou  autremenc 

*  Les  deux  articles  fui-vans  a-vaient  ete  originaire- 
ment  coivusniiS)  mats  Us  ont  ete  depuis  re-voquh  ; 
f avoir : 

ARTICLE  XL 

//  eft  convenu  ct  arrcte  qtffl  ne  fcra  jamah 
t/xpofJ  aucun  droit  fur  iy  export  at  ion  des  melu'flss 
qui  pourront  etre  tirces  far  les  fujcts  d* aucun  des 
Etats  Unis  des  ijlesd'Ameriijue  quiappartiennentou 
pourront  appartenir  a  fa  Majejlc  tres  Chretlenne. 

ARTICLE  XII. 

En  compenfaiion  de  I'exemiion  Jlipidee  par 
r article  precedent ',  //  eft  con-venu  et  arrete  qitii 
ne  fcra  jamais  impofe  aucun  droit  fur  i* export: - 
tiou  d\iucunc  eface  dc  decrees  et  marchandifes 
q>ij  Ics  fujcts  dc  fa  Majejle  ires  Chretienm 
ponrront  tlrcr  (*cs  pays  ou  po[j\[jions  acluelks  on 

•:s  d* aucun  des  Treize Etats  Unis  p^irTu 
c/.7  ijks  qui  frjurniijlnt  Ics  ?mla/J::s. 


ma 


[     392     ] 

5  difpofe  of  their  goods,  moveable  and  irii* 
moveable,  in  favor  of  fuch  perfons  as  to  them 
from  dr0it     f]laj|  feem  grood,  and  their  heirs,  fubiecls  of  the 

d  aubame  .  &     r  .  .  i         -,  • 

diip..fc  faid  united  States,  rending  whether  in  trance 
or  e^ewnere?  maY  fucceed  them  ab  inteftat, 
without  being  obliged  to  obtain  letters  of  na- 
turalization, and  without  having  the  effect  of 
this  conceflion  contefted  or  impeded  under 
pretext  of  any  rights  or  prerogative  of  pro- 


1  Act  of  France  refcinding  the  foregoing  articles. 

TRANSLATION. 

The  General  Congrefs  of  the  United  States  of 
North  America,  having  reprefented  to  the  King 
that  the  execution  of  the  eleventh  article  of  the 
treaty  of  Amity  and  Commerce ',  ftgned  the  fixth 
of  February  Lift,  might  fa  productive  of  inconve- 
niences ;  and  having  therefore  deftred  thefuppref- 
fton  of  tins  article ',  confenting  in  return  that  the 
-  twelfth  article  Jhall  llkewlfe  be  confidered  of  no 
effecJ  :  His  Majefty  in  order  to  give  a  new  proof 
of  his  affecJicn^  as  alfo  of  his  dejire  to  confolidate 
the  union  and  good  correfpondence  eftablijhed  be- 
tween the  two  States,  has  been  pleafed  to  confider 
their  reprefentatioiis :  His  Majefty  has  consequent- 
ly  declared,  and  does  declare  by  thefe  prefabs, 
that  he  confents  to  the  fuppreffion  of  the  eleventh 
and  twelfth  aforementioned  articles,  and  that  his 
intention  is,  that  they  be  confidered  as  having  ne- 
ver been  comprehended  ih  the  treaty  figncd  the 
Jixih  of  February  Ia/L 

Done  atVerfailles  the  f-'fi  d?v  of  the  month  of 
September,  one  thoufand  fi-ven  hundred  and 

- eight. 

GRAVIER  .DE  VERGENNK.-. 


t     393     1 

«c  leurs  biens  meiibles  et  immeubles  en  faveuf 
,de  telles  perfonnes  que  bon  leur  femblera  ;  et 
lean  hcdtrers,  iujets  cles  (fits  Etats  Unis,  refi- 
dans  foit  en  France  foit  ailleursvpourront  leur 
fucccder  db  inicjial,  fans  qli'ils  aient  befoin 
d'obtenir  dcs  lettres  de  naturalite,  et  fans  quc 
Peifet  de  cette  concellion  leur  puiiTe  etre  con- 
teile  ou  euipechc  foils  pretexte  de  quelques 
droits  ou  prerogatives  des  provinces  villes  ou 

i 

A^le  de  h  France  revoquant  les  articles  pre- 
cedent 

ORIGIN  A  L. 
Le  Con  "res  General  des  Etats  Unis  de  rArne- 

o 

Hque  Septentrionalc  ayant  reprefente  au  Rci  que 
I' execution  de  r article  on- 2  du  tralie  d'  Amitie  et 
de  Commerce,  fign?  le  fix  du  viols  de  Fe-vrier 
cL'rnier,pcurroit  entraincr  des  inconvcnients  aprcs 
fei9  et  ayant  dcftre  en  confcquznce  que  cet  article 
demeurdi  fupprime  ;  confentani  en  cchange  que 
I9 article  douze  foit  egalsment  regards  comme  non 
avenu,  fa  Majcfte,  pour  dormer  atix  Etats  Unis 
de  r  Amerique  Septe-ntrionale  une  nouvelle  preuve 
de  fon  affection^  alnfi  que  de  fon  dcfir  de  confo- 
lider  r  union  et  la  bonne  correfpcndance  et  at)  lies 
mtre  les  deux  Etats ,  a  bien  voulu  avoir  egard  a 
leurs  representations  ;  En  confluence  fa  Majejl? 
fr  declare  ef  declare  par  les  prefentes ,  qu'e/Ie  con* 
'fent  a  la  fupprefjlon  dcs  articles  onze  et  dotizt 
fufnentionnesj  el  qus  fon  intention  eft,  quits  foieni 
re-gardes  comme  if  ayant  jamah  eie  compris  dans 
te  traite  figne  le  fix  Fevrier  dernier. 

FAIT  a  Verfailks  le  premier  jour  du  moh 
de  Septembre  mil  fept  cent  faxante  *t 
dix  hu  it. 

GRAVIES.  DE  VERCENNE-S. 
L  J)  3 


[     394     3 

vmce?-,  cities,  or  private  perfons  ;  and  the  faid 

heirs,  \vhether  fuch  by  particular  title,  or  ab 

intcftat)  iliall  be  exempt  from  all  duty  called 

drolt  de  detra£liony  or  other  duty  of  the  fame 

kind,   faving  neverthelefs  the  local  rights  or 

duties   as  much,   and  as  long  as  fimilar  ones 

Subject  of  are  not   eftablifhed  by  the  Imited  States,  or 

Krancc        any  of  them.  .The  fubiects  of  the  Moil  Chrif- 

nave  ami-      -.    '     T _.          n-     .,         ,         J          .     .  ,.     . 

var  privi-     tian  King  inall  enjoy  on  their  part  in  all  the 

%«»•         dominions   of  the  faid  States,  an  entire  and 

perfect  reciprocity  relative  to  the  ftipulations 

oontamedin  the  prefent  article,  but  it  is  at  the 


1  Acl  of  the  United  States  refciriding  the  fore* 
going  articles. 

6  R  i  G  i  N  A  L. 
DECLARATION. 

?>bt  inoft  Chrijllan  King  having  been  pleafed 
io  regard  ihe'  rcprefentatlons  made  to  him  by  the 
General  Congrsfs  of  North  America,  relative  1t 
the  eleventh  article  of  the  treaty  of  commerce  >f;gn- 
cd  ihe  fixth  cf  February  in  the  prefent  year  ;  and 
his  majefty  having  therefore  confented  that  the  faid 
article  fhould  be  fuppreffed.,  en  condition  that  the 
twelfth-  article  cf  the  fame  treaty  be  equally  re- 
garded as  of  none  cffecl  ;  the  General  •  Gvngrefs* 
hath  declared \  and  do  declare  on  their  part,  that 
they  confent  to  the  fupprcffion  of  the  eleventh 
and  twelfth  articles  of  the  above  mentioned  treaty^ 
and  that  their  intention^  />,  that  thefe  articles  'be 
regarded  as  having  never  been  comprised  in  the 
treaty  Jigncd  the  Jtxth  of  February.  In  fftitfc 
&c. 

B.  FRANKLIN, 

ARTHUR   LEE, 
JOHN  ADAMS,- 


C     395     ] 

perfonnes  privees.  Et  feront  les  dits  benders 
foit  a  titre  particulier  (bit  ab  intejiat  excmts  de 
tout  droit  de  detraction  ou  a  litre  droit  de  ce 
genre  ;  fauf  neanmo'ns  les  droits  locaux  taut, 
et  fi  long  terns,  qu'i"1  n'en  fera  point  etabli  de 
pareils  par  les  dits  Etats  Unis  ou  auciin  d'iceux, 
Les  fujets  du  Roi  tres  Chretien  jouiront  de 
leur  cote  dans  tous  les  domaines  des  dits  Etats 
{Tune  entiere  et  parfaite  reciprocite  relative- 
ment  aux  flipulations  renfcrmees  dans  le  pre- 
fent  article.  Mais  il  eft  convenu  en  meme  terns 
que  fon  contenu  ne  portera  aucune  atteinte 

Acle   des  Etats   Unis  revoquant   les    articles 
precedens. 

o  R  i  G  i  N  A  L. 
DE  GEAR  ATI  ON. 

Le  Rci  tres  Chretien  ayant  bien  vQidu  awir 
tgard  aux  rcpr-efentations  que  lui  a  faiies  le  Con- 
gres  General  de  I9  dmerique  Septentrionale^  re- 
lati-vement  a  T article  onze  du  traits  de  commerce? 
Jigne  le  f:x  Fierier  de  la  preferie  annoe  ;  et  fa 
Majcfte  ayant  confenii  en  ccnfequence  que  le  dli 
article  dcmeurdt  fupprivie  a  condition  que  Particle 
cloii-ze  du  nicme  traite  fui  cgalemcnt  regarde  c ornm 
non  avenu  ;  le  Centres  General  a  declare  et  de- 
clare de  fon  cdte  qu'il  confent  a  la  fuppre/Jl.on  des 
articles  onze  ct  donze  fujmentknncs,  et  fen  in- 
tention eft,  quails  fdcnt  regardes  co.mme  n9  ay  ant 
jamuis  cte  compris  darti  le  traite  foyie  le  fu$ 
rier  dernier.  En  foi  de  quoi,  &f. 


B.  FRANKLIN, 
ARTHUR  LEE, 
JOHN  A  DAM  9, 


C    396    3 

fame  time  agreed  that  its  contents  fhaU  npt 
agect  the  laws  made,  or  that  may  be  made: 
hereafter  in  'France  againft  emigrations  which 
fhall  remain  in  all  their  force  and  vigour,  and 
the  United  States  on  their  part,  or  any  of  them, 
ihali  be  at  liberty  to  enact  fuch  laws,  relative 
to  that  rnat.ter?  as  to  them  mall  feeni  proper, 

ARTICLE  XII. 

£hip»fuf-         The  merchant  fl>ips  of  either  of  the  parties 

peeled  (hall      ,  .    ,      n     „  ,  ,  .         .  i     i          • 

exhibit       which  ihail  be  mating  into  a  port  belonging 
paffport*     to  the  enemy  of  the  other  ally,  and  concerning 

and  certi-         ,      r  J  i      •,         r         •  r 

toes,  whole  voyage,  and  the  ipecies  or  goods  on 
board  her,  there  mall  be  juft  grounds  of  fuf- 
picion,  fhall  be  obliged  to  exhibit  as  well  upon 
the  high  feas,  as  in  the  ports  and  havens,  not 
only  her  paffports,  but  likewife  certificates,  ex- 
prefsly  dewing  that  her  goods  are  not  of 
the  number  of  thofe  which  have  been  prohi- 
|}ited  as  contraband. 

ARTICLE  XIII. 

If  by  the  exhibiting  of  the  abovefaid  certifi- 
Hovi'to-r-  cates?  dlc  °ther  party  di (cover  there  are  any 
i-ccd  in  cafe  of  thofe  forts  ol  goods  which  are  prohibited 
ot  coatra-  j  declared  contraband,  and  configned  for  a 

band  goocs.  IT  r   i  • 

port  under  the  obedience  or  his  enemies,  it 
fhall  not  be  lawful  to  break  up  the  hatches 
of  fuch  fhip,  or  to  open  any  cheit,  colters, 
packs,  cafKs,  or  any  other  veflels  found  there* 
in,  or  to  remove  the  fmalleft  parcels  of  her 
goods,  whether  fuch  fhip  belongs  to  the  fub- 
;,ecl3  of  France,  or  the' inhabitants  of  the  faid 
United  States,  unlefs  the  lading  be  brought  on 
{here  in  the  prefence  of  the  officers  of  the 
court  of  admiralty,  and  an  inventory  thereof 
made  ;  but  there  mail  be  no  allowance  to  fell, 
exchange  or  alienate  the  fame,  in  any  manner, 
until  after  that  due  and  lawful  procefs  fhall 


C     397     3 

(lux  loix  promulg-uees  en  France  centre  le* 
Emigrations,  ou  qui  pourront  etrepromulguees 
clans  la  fuire,  les  quelles  demeurcront  d?.u* 
toute  leur  force  ec  vigueur.  Les  Etats  Unis 
de  leur  cote  ou  aucun  d'entr'  eux,  feront 
iibr.es  de  flatuer  fur  cette  matiere  telle  loi  qu'ils 
jugeroat  apropos. 

ARTICLE  XII. 


Les  navir°.s  marchaads  des  deux  parties 
feront  deflines  pour  des  ports  appartenants  a, 
une  puiffance  enneinie  de  fautre  allie  tt  doat 
le  roiage  ou  la  nature  des  marchandifes  dont 
iis  feront  charges  donneroit  de  juries  foup9on3, 
feront  tenus  d'exhiber  foit  en  haute  mer,  foit 
dans  les  ports  et  havres,  non  feuleinent  leurs 
paffeports  mais  encore  les  certificats  qui  con- 
flateront  expreflement  que  leur  chargement 
n'eft  pas  de  la  qualite  de  ceux  qui  font  prohibes 
£omme  contrebande. 

ARTICLE  XIII. 

Si  1'exhibition  des  dits  certificats  conduit  a 
decouvrir  que  le  navire  porte  des  marchandi- 
fes  prohibees  et  reputees  contrebande,  con- 
fignces  pour  un  port  ennemi,  il  ne  fera  pas. 
permis  de  brifcr  les  ecoutilles  des  dits  aavires, 
ni  d'ouvrir  aucuae  caiiTe,  coffre,  malle,  bal- 
}ots,  tpnneaux  et  autrcs  caifles  qui  s'y  trou- 
veront,  ou  d'en  deplacer  et  detourner  la  mo- 
indre  partie  des  marchandifcs  foit  que  le  na- 
vire appartienne  aux  fujets  du  Roi  tres  Chre- 
tien ou  aux  habitaas  des  Etats  Unis,  jufqu'  i 
ce  que  la  cargaifoa  ait  cte  mife  a  terre  en  prc- 
fence  des  oflkiers  des  cours  d'amiraute,  et 
que  1'iaveataire  en  ait  etc  fait  ;  mais  on  ne 
peraieitra  pas  de  vendre,  echanger  ou  alieaer 
les  aavires  ou  leur  cargaifon  en  maniere  quel- 
conque,  avant  que  ie  proces  ait  etc  fait  et  parr 


C   398    ] 

have  been  had  againft  fuch  prohibited  goods, 
and  the  court  of  admiralty  mall  by  a  fentence 
^renounced  have  confifcated  the  fame  :  faving 
always  as  well  the  (hip  itfelf  as  any  other  goods 
found  therein,  which  by  this  treaty  are  to  be 
efteemed  free,  neither  may  they  be  detained 
on  pretence  of  their  being  as  it  were  infected 
by  the  prohibited  goods,  much  lefs  fhall  they 
be  confifcated,  as  lawful  prize  :  but  if  not  the 
whole  cargo,  but  only  part  thereof  ftiall  con. 
fid  of  prohibited  or  contraband  goods,  and 
the  commander  of  the  fhip  fhall  be  ready  and 
willing  to  deliver  them  to  the  captor,  who  has 
rlifcovered  them,  in  fuch  cafe,  the  captor  hav- 
ing received  thofe  goods,  fhall  forthwith  dif- 
charge  the  fhip,  and  not  hinder  her  by  any 
means,  freely  to  profecute  the  voyage  on 
which  flie  was  bound.  But  in  cafe  the  contra- 
band' merchandizes  cannot  be  all  received  on 
board  the  veflel  of  the  captor,  then  the  captor 
may,  notwith  (landing  the  offer  of  delivering 
him  the  contraband  goods,  carry  the  veflel 
into  the  neareft  port  agreeable  to  what  is  above 
directed, 

ARTICLE  XIV. 
On  the  contrary  it  is  agreed,  that  whatever 

fna11  *?e  found  tO  be  laden  by  the  fabje&s  an(l 
enemy's      inhabitants  of  either  party  on  any  fhip  belongT 

coufif-     *nS  to  tne  enemies  of  the  other,  or  to  their  fub- 
un-    jects,  the  whole  although  it  be  not  of  the  fort 
°*"  Pr°hibited  goods,  may  be  confifcated  in  the 
fore  Heds-  fame  manner  as  if  it  belonged  to  the  enemy, 
except  fuch  goods  and  merchandizes  as  were 
o  put  on  board  fuch  (bio  before  the  declaration 
of    war,  or  even  after  fuch   declaration,    if 
fo  be  it  were  clone  without  knowledge  of  fuch 
declaration,  fo  that  the,  goods  of  the  fuhje£% 


wa 


[     399     ] 

fait  legalemertt  pour  declarer  la 
r  et  que  les  cours  d'amiraute  auront  prononce" 
kur  coniifcation  par  jugement,  fans  prejudice 
neanmcins  des  navires,  ainfi  que  des  marchan- 
difes qui  en  vertu  du  traite  doivent  ctre  eenfees 
libres.  11  ne  fera  pas  permis  de  retenir  ces 
marchandifes  fous  pretexte  qu'elles  out  etc 
entachees  par  les  marchandifes  de  contrebancie 
et  bien  inoins  encore  de  les  confifquer  comme 
des  prifes  legales.  Dans  le  cas  oil  une  partie 
feulement  et  non  la  totalite  du  charg.ement 
confifteroit  en  marchandifes  de  contrebande, 
et  que  le  commandant  du  vaifleau  confente  a 
les  delivrer  au  corfaire  qui  les  aura  decouvertes,. 
alors  le  capitaine  qui  aura  fait  la  prife,  apres 
avoir  recu  ces  marchandifes,  doit  incontinent 
relacher  le  navire  et  ne  doit  Tempecher  en 
aucune  maniere  de  continuer  fon  voyage.  Mais 
dans  le  cas  ou  les  marchandifes  de  contrebande 
ne  pourroient  pas  efre  toiites  chargees  fur  le 
vaifleau  capteur,  alors  le  capitaine  da  dit  vaif- 
feau  fera  le  maitre,  malgrc  Toffre  de  remettre 
la  contrebande,  de  conduire  le  patron  dans  le 
plus  prochain  port,  conformement  a  ce  qui  eft 
prefcrit  plus  haut. 

ARTICLE  XIV. 

On  efl  convenu  an  contraire  que  tout  ce 
qui  fe  trouvera  charge  par  les  fujets  refpeclifs* 
fur  des  navires  appartenants  aux  ennemis  do 
1'autre  partie  ou  a  leurs  fujets  fera  confifquc 
fans  diftindion  des  marchandifes  prohibees  ou 
non  prohibees,  ainfi  et  de  nierae  que  fi  elles 
appartenoient  a  I'ennerni,  a  Pexception  toutc 
fois,  des  effets  et  marchandifes  qui  auront  ete 
mis  a  bord  des  dits  navires  avant  la  declaration- 
de  guerre,  ou  n^eme  apres  la  dite  declaration, 
fi  au  moment  du  chaigement  on  a  pu  1'igno- 
rer,  de  maniere  que  les  marchandifes  des  fujets 


t 

people  of  either  party,  whether  they  be  of 
the  nature  of  fuch  as  are  prohibited  or  other- 
wife,  which  as  is  aforefaid,  were  put  en  board 
any  ftiip  belonging  to  an  enemy  before  the  war 
or  after  the  declaration  of  the  fame,  without 
the  knowledge  of  it,  fhall  no  ways  be  liable  to 
eonfifcation,  but  (hall  well  and  truely  be  reflo- 
red  without  delay  to  the  proprietors  demand- 
ing the  fame  ;  but  fo  as  that  if  the  fa-id  mer- 
chandizes be  contraband  it  fhall  not  be  any 
ways  lawful  to  carry  them  afterwards  to  any 
ports  belonging  to  the  enemy.  The  two  con- 
tracting parties  agree,  that  the  term  of  two 
months  being  palled  after  the  declaration  of 
war,  their  refueclive  fubjecls,  from  whatever 
part  of  the  world  they  come,  mail  not  plead 
the  ignorance  mentioned  in  this  article* 

ARTICLE  XV, 

And  that  more  effectual  care  may  be  taken 
&>r  the  fecurity  of  the  fubje&s  and  inhabitants 
privateers    of  both  parties,  that  they  fuffer  no  injury  by 

to  do  no  in-     i_  r  •  r   i  i 

jury  to  d-    tne  men  01  war  or  privateers  or  the  other  party, 

•f  th  part>>  a^  t^le  coniman<^ers  °f  tne  foips  of  his  Molt 
toVeCpu-0>  Chriilian  Majefly  and  of  the  faid  United  States, 
flithed  and  anci  a}[  their  fubiects  and  inhabitants,  (hall  be 

make  repa-    r     ^  •  i     i     •  •"•  i  i  i 

ration  to     lorbid  doing  any  injury  or  damage  to  the  other 

^e  > anc^  ^  t^e'^ a^  to  r^e  contrary  ^ley  ma^ 

be  punimed,  and  (hall  moreover  be  bound  to 
make  fatisfaclion  for  all  matter  of  damage,, 
and  the  intereft  thereof,  by  reparation,  under 
the  pain  and  obligation  of  their  perfon  and 

goods, 

ARTICLE  XVI. 

All  mips  and  merchandizes  of  what  nature- • 
foever,  v/hich  fhall  be  refcued  out  of  th'e-  hands  > 
of  aziy  pirates  or  robbers  on  the  high  feas,  (hall- 


C   401    ] 

des  deux  parties,  foit  qu'elles  fe  trouvent  d& 
nombre  de  celles  de  contrebande  ou  autre- 
ment,  les  quelles  comme  il  vient  d'etre  dit, 
auront  ete  mifes  a  bord  d'un  vaiffeau  apparte- 
nant  a  Tennemi,  avant  la  guerre  ou  meme  apres 
la  dite  declaration,  1'orfqu'on  Pignoroit,  ne 
feront  en  aucune  maniere,  fujetes  a  confifca- 
tion,  mais  feront  fidelement  et  de  bonne  fof 
rendues  fans  delai  a  leurs  proprietaires,  qui 
les  reclameront;  bien  entendu  neanmoins  qu'il 
ne  foit  pas  permis  de  porter  dans  les  ports 
ennemis  les  marchandifes  qui  feront  de  contre- 
bande. Les  deux  parties  contractantes  con- 
viennent  que  le  terme  de  deux  mois,  paries  de- 
puis  la  declaration  de  guerre,  leurs  fujets  re- 
fpedtifs,  de  quelque  partie  du  monde  qu'ils 
vieiment  ne  pourront  pins  alieguer  rignorance 
dont  il  eft  queflion  dans  le  prefent  article. 

ARTICLE  XV. 

Et  afin  de  pourvoir  plus  efficacement  a  la 
fur  ete  dcs  fujets  des  deux  parties  contra&antes, 
pour  qu'il  ne  leur  foit  fait  aucun  prejudice  par 
les  vaiifeaux  de  guerre  de  Tautrc  partie  ou  par 
des  armateurs  particuliers,  il  fera  fait  defenfe  a 
tous  capitaines  des  vaiffeaux  de  fa  Majefte  tres 
Chretienne  et  des  dits  Etats  Unis,  et  a  tous 
leurs  fujets  de  faire  aucun  dommage  ou  infultc 
a  ceux  de  1'autre  partie,  et  au  cas  ou  ils  y 
contreviendroient,  ils  en  feront  punis  ;  et,  de 
plus,  ils  feront  tenus  et  obliges  en  leurs  per- 
fonnes  et  en  leurs  biens  de  reparer  tous  le? 
dommages  et  interets. 

ARTICLE  XVI. 

Tous  vaiffeaux  et  marchandifes  de  quelque 
nature  que  ce  puiffe  etre,  lors  qu'ils  auront  ete 
erileves  des  maius  de  quelques  pirates  en  pleine 

VOL.  I,  £3 


[.    402.    ] 

AH  fhips  &  be  brought  intofome  port  of  either  ft  ate,  and 
merchan-  fhall  be  delivered  to  the  cuflody  of  the  officers 
edZouteofU"  of  that  port,  in  order  to  be  reftored  entire  to 
the  hands  the  true  proprietor,  as  foon  as  due  and  fuffici- 
°o  bTrefio-  ent  proof  fhall  be  made  concerning  the  pro- 
ved, perty  thereof. 

ARTICLE  XVII. 

It  fhall  be  lawful  for  the  fhips  of  war  of  ei- 
Party?  andiprivatecrs,  freely  to  carry  whi- 
intothe      therfoever  they  pleafe,  the  (Lips 'and  goods  ta- 
thcrpafty"  ^en  from  tnei*r  enemies,  without  being  obliged 
to  pay  any  duty  to  the  officers  of  the  admiralty 
or  any  other  judges ;  nor  fhall  fuch  prizes  be 
arrefted  or  feized  when  they  come  to  and  en- 
ter the  ports  of  either   party;  nor  fhall  the 
fearchers    or    other    officers  of  thofe  places 
fearch  the  fame,  or  make  examination  concern- 
ing the  lawfulnefs  of  fuch  prizes  ;  but  they 
may  hoift  fail  at  any  time,  and  depart  and  car- 
ry their  prizes  to  the  places  exprefTed  in  their 
commiilions,  which  the  commanders  of  fuch 
Nofheiter    ^Ps  °f war  ^a^  De  obliged  to  fhew  :  on  the 
fliaii  be       contrary,  no  fhelter   or  refuge  mail  be  given 

?lv<toM°  ofe  ^n  t^ie^r  Ports  to  ^uc^  as  ^a^  ^avc  mac^e  Pr'lzc 
prizes  from  of  the  fubjecls,  people  or  property  of  either 
either  par-  Qf  ^e  ponies ;  but  if  fuch  mail  come  in,  being- 
forced  by  flrefs  of  weather,  or  the  danger  of 
the  fea,  all  proper  means  mall  be  vigoroufly 
ufed,  that  they  Q;O  out  and  retire  from  thence 

r  .nn  i 

as  loon  as  pofiible. 

ARTICLE  XVIII. 
ia  care  of        If  any  fliip  belonging  to  either  of  the  par- 

STob'e  ties'  tl]eir  Pe°PIe  or  fubjecls,  lhall  within  the 

afforded,      coafls  or  dominions  of  the  other,   flick  upon 

the  Hinds,  or  be  wrecked,  or  fuffer  any  other 

damage,  all  friendly  aiiiflance  and  relief  mall 

be  given  to  the  perfons  fmpwrecked,  or  fuch  as 


C    403    ] 

mer,  feront  amenes  dans  quelque  port  de  Pun 
des  deux  Etats,  et  feront  remis  a  la  garde  des 
officiers  du  dit  port  afin  d'etre  rendus,  en  en- 
tier,  a  leur  veritable  proprietaire,  auflitot  qu'ii 
aura  duement  et  fuffifament  fait  confter  de  fa 
propriete. 

ARTICLE  XVII. 

Les  vaifleaux  de  guerre  <Je  fa  Majefle  tres 
Chretienne  et  ceux  des  Etats  Unis,  de  meme  que 
ceux  que  Icurs  fujets  auront  armes  en  guerre, 
pourront,  en  toute  liberte,  conduire  ou  bon 
leur  femblera  les  prifes  qu'ils  auront  faites  fur 
leurs  ennemis,  fans  etre  obliges  a  aucuns  droits, 
foit  des  fieurs  afniraux  ou  de  Tamiraute  on 
cPaucuns  autres,  fans  qu'aufli  les  dits  vaifleaux: 
ou  les  dites  prifes,  entrant  dans  les  havres  ou 
ports  de  fa  Majefle  tres  Chretienne  ou  des  .dits 
Etats  Unis,  puiifent  etre  arretes  ou  faifis,  ni 
que  les  officiers  des  lieux  puiffent  prendre  con- 
noiflance  de  la  validite  des  dites  prifes,  les  quel- 
les  pourront  fortir  et  etre  conduites  franche- 
ment  et  en  toute  libcrte,  aux  lieux  portes  par 
les  commillions  dont  les  capitaines  des  dits 
vaifleaux  feront  obliges  de  faire  apparoir.  Et 
au  contraire,  ne  fera  donne  afile  ni  retraite  dans 
leurs  ports  ou  havres  a  ceux  qui  auront  fait 
des  prifes  fur  les  fujets  de  fa  Majefte  ou  des 
dits  Etats  Unis  ;  et  s'ils  font  forces  d'y  entrer 
par  tempete  ou  peril  de  la  mer,  on  les  fera 
fortir  le  plutot  qu'il  fera  ppflible. 

ARTICLE ,  XVIII. 

Dans  le  cas  ou  un  vaifleau  appartenant  a  Pun 
des  deux  Etats  ou  a  leurs  fujets,  aura  echouc, 
fait  nauirage  ou  fouliert  quelqu'  autre  dom- 
jnage  fur  les  cotes  ou  fous  la  domination  de 
Pune  des  deux  parties,  il  fera  donne  toute 
aide  et  afliftance  amiable  aux  perfonnes  nau- 


C   404   ] 

jhall  be  in  danger  thereof.  And  letters  of  fafe 
conduct  fhall  likewife  be  given  to  them  for 
their  free  and  quiet  pafiage  from  thence  and 
the  return  of  every  one  to  his  own  country. 

ARTICLE  XIX. 
In  cafe  the  fubjects  and  inhabitants  of  either 

SI""  foe's  PartY>  w^k  tne*r  mWJng>  whether  public  and 
<rf  weather,  of  war,  or  private  and  of  merchants,  be  forced 
fed  kitofor~  tnrough  ftrefs  of  weather,  purfuit  of  pirates, 
ports,  &c.    or  enemies,  or  any  other  urgent  neceflity  for 
becprotec-    fee^ing  of  Belter  and  harbor,  to  retreat  and 
ted  and  per-  enter  into  any  of  the  rivers,  bays,  roads  or 
Ports  belonging  to  the  other  party,  they  mail 
be  received  and  treated  with  all  humanity  and 
kindnefs,  and  enjoy  all  friendly  protection  and 
help  ;   and  they  fhall  be  permitted  to  refreih 
and  provide   themfelves,   at  reafonable  rates, 
with  victuals  and  all  things  needful  for  the 
fuftenance  of  their  perfons,  or  reparation  of 
their  mips,  and  conveniency  of  their  voyage  ; 
and  they  fhall  no  ways  be  detained  or  hinder- 
ed from  returning  out   of  the  faid  ports  or 
roads,  but  may  remove  and  depart  when  and 
whither  they  pleafe,  without  any  let  or  hin- 
drance. 

ARTICLE  XX. 

For  the  better  promoting  of  commerce  or* 

In  cafe  or"    .       ,     ~  ,         .    .  .      .       9r  n     ,,  ,          t 

war,  fix  both  fides,  it  is  agreed,  that  if  a  war  mail  break 
"Tnie  ai  QUt  Between  the  faid  two  nations,  fix  months 
lowed  to  ci-  after  the  proclamation  of  war,  fhall  be  allowed 
°  to  ^e  mercnants  in  the  cities  and  towns  where 
they  live  for  felling  and  tranfporting  their 


the  other's  prOOC[8  and  merchandizes  :  and  if  any  thins;  be 

dominion      O  '     •  i         i 

to  fell  and   taken  trom  them,  or  any  injury  be  done  them 
within  that  term  by  either  party,  or  the  pec- 

.  /  r        /  '  r 

pie  or  iubjects  or  either,  full  fatisfaction  ih.?lt 
be  made  for  the  fame* 


C   405   3 

fragees  ou  qui  fe  trouvent  en  danger,  et  il  leur 
fera  accorde  des  fauf  conduits  pour  allurer 
leur  paflage  et  leur  retour  dans  leur  patrie. 

ARTICLE  XIX. 

Lorfque  les  fujets  et  habitans  de  Tune  des 
deux  parties  avec  leurs  vaifleaux  foit  publics 
et  de  guerre,  foit  particuliers  et  marchands, 
feront  forces  par  une  tempete,  par  la  pourfuite 
des  pirates  et  des  ennemis,  ou  par  quelqu'  autre 
neceflite  urgente,  de  chercher  refuge  et  un  abri, 
de  fe  retirer  et  entrer  dans  quelqu'  une  des 
rivieres,  bayes,  rades  on  ports  de  Tune  des 
deux  parties,  ils  feront  re^us  et  traites  avec 
humanite,  et  jouiront  de  toute  amitie,  protec- 
tion et  afliftance,  et  il  leur  fera  permis  de  fe 
pourvoir  de  raffraichifTemens,  de  vivres,  et  de 
toutcs  chofes  necefTaires  pour  leur  fubfiflance, 
pour  la  reparation  de  leurs  vahTeaux,  et  pour 
continuer  leur  voiage  ;  le  tout  moi'ennant  un 
prix  raifonable,  et  ils  ne  reront  retenus  en  au- 
cune  maniere,  ni  empeches  de  fortir  des  dits 
ports  ou  rades,  mais  pourront  fe  retirer  et  par- 
tir  quand,  et  comme  il  leur  plaira,  fans  aucun 
pbftacle  ni  empechement. 

ARTICLE  XX. 

Ann  de  promouvoir  d'autant  mieux  le  com- 
merce de  deux  cotes,  il  eft  convenu  que  dans 
le  cas  ou  la  guerre  furviendroit  entre  les  deux 
nations  fufdites,  il  fera  accorde  fix  mois,  apres 
la  declaration  de  guerre,  aux  marchands  dans 
Jes  villes  et  cites  qu'ils  habitent,  pour  rafTem- 
bier  et  tranfporter  les  marchandifes  :  et  s'il  en 
eft  enleve  quelque  chofe  ou  s'il  leur  a  ete  fait 
quelqu'  injure  durant  le  terme  prefcrit  cidelius, 
par  Tune  des  deux  parties,  leurs  peuples  ou 
fujets,  il  leur  fera  donne  a  cet  egard  pleine  et 
eiitiere  fatisfadion. 


tcrs  of 


p 


rince  or 


ARTICLE  XXI. 

No  fubjects  of  the  Moft  Chriftian  King  ihail- 
^  ply  for  or  take  any  commiffion,  or  letters  of 
marque,  for  arming  any  ihip  or  mips  to  act  as 
._  privateers,  againft  the  faid  United  States,  or 
any  of  them,  or  againft  the  fubjects,  people  or 
inhabitants  of  the  faid  United  States,  or  any 
of  them,  or  againft  the  property  of  any  of  the 
inhabitants  of  any  of  them,  from  any  Prince 
other  is  at  or  State  with  which  the  faid  United  States 
fliall  be  at  war  ;  nor  mall  any  citizen,  fubje/t, 
or  inhabitant  of  the  faid  United  States,  or  any 
of  them,  apply  for  or  take  any  commiffion  or 
letters  of  marque  for  arming  any  ihip  or  mips, 
to  act  as  privateers  againft  the  fubjects  of  the 
Moft  Chriftian  King,  or  any  of  them,  or  the 
property  of  any  of  them,  from  any  Prince  or 
State  with  which  the  faid  King  mail  be  at 
war  ;  and  if  any  perfon  of  either  nation  {hall 
take  fuch  commiffions  or  letters  of  marque, 
he  ihall  be  puniihed  as  a  pirate. 


ARTICLE  XXII. 


out 


pom 


of  ei- 
' 


not  ke  law*ul  f°r  any  foreign  pri- 
vateers,  not  belonging  to  fubjecls  of  the  Moft 
Chriftian  King,  nor  citizens  of  the  faid  United 
States,  who  have  com  millions  from  any  other 
^m^Q  or  State  in  enmity  with  either  nation, 
to  fit  their  fliips  in  the  ports  of  either  the  one 
or  the  other  of  the  aforefaid  parties,  to  fell 
what  they  have  taken,  or  in  any  other  man- 
ner whatfoever  to  exchange  their  ihips,  mer- 
chandizes, or  any  other  lading  ;  neither  ihall 
they  be  allowed  even  to  purchafe  victuals,  ex- 
cept fuch  as  ihall  be  neceftary  for  their  goinp; 
to  the  next  port  of  that  Prince  or  State  fror?.; 
which  they  have  commiffions, 


C    407.  ] 

ARTICLE  XXL 

Aacun  fujet  du  Roi  tres  Chretien  ne  pren- 
'dra  de  commiffion  ou  de  lettres  de  marque* 
pour  armer  quelque  vaiffeau  ou  vaiffeaux  a 
Peffet  d'agir  comme  corfaires  contre  les  dits 
Etats  Unis  ou  quelques  uns  d'entr'  eux,  ou 
contre  les  fujets,  peuples  ou  habitans  d'iceux, 
ou  contre  leur  propriete  ou  celle  des  habitans 
d'aucun  d'entr*  eux,  de  quelque  prince  que  ce 
foit  avec  lequel  les  dits  Etats  Unis  feront  en 
guerre.  DC  meme  aucun  citoien,  fujet,  ou 
habitant  des  fufdits  Etats  Unis  et  de  quelqu' 
un  d'entr'  eux,  ne  demandera  ni  n'acceptera 
aucune  commiffion  ou  lettres  de  marque,  pour 
armer  quelque  vaiffeau,  ou  vaiffeaux  pour 
courre  fus  aux  fujet s  de  fa  Majefte  trcs  Chre- 
tienne,  ou  quelques  uns  d'entre  eux  ou  Ic'ur 
propriete,  de  quelque  prince  ou  etat  que  ce  foit 
avec  qui  fa  elite  Majefte  fe  trouvera  en  guerre  ; 
et  fi  quelqu'  un  de  Tune  ou  de  1'autre  nation 
prenoit  de  pareilles  commiflions  ou  lettres  ck 
raarque,  il  fcra  puni  comine  pirate. 

ARTICLE  XXII, 

II  ne  fera  permis  a  aucun  corfaire  ctranger 
non  appartcnant  a  quelque  fujet  tie  fa  Majefle 
trcs  Chretiennc  ou  a  un  citoien  des  dits  Etats 
Unis,  lequel  aura  une  commiilion  de  la  par 
d'un  prince  ou  d'une  puifiauce  en  guerre  avec 
1'une  des  deux  nations,  d'armer  leurs  vaiffeaux 
dans  les  ports  de  i* une  des  deux  parties,  ni  d'y 
vendre  les  prifes  qu'il  aura  faites,  ni  decharger 
en  autre  manure  quelconque  les  vaiffeaux,  mar- 
chandifes  on  aucune  partie  de  leur  cargaifon  ; 
il  ne  fera  meme  pas  permis  d'acheter  d'autres 
vivres  que  ceux  qui  lui  feront  neceffaifes  pour 
fe  rendre  dans  le  port  le  plus  voifin  du  prince 
©u  de  1'etat  dont  il  tient  fa  commiffion. 


[     468     ] 

ARTICLE  XXIII. 

It  (hall  be  lawful  for  all  and  fmgular  the 
Liberty  for  fubjefts  of  the  Mod  Chriftian  King,  and  the 

either  par-     .  .J  .  .  o, '  r  .  . 

ty  to  trade  citizens,  people  and  inhabitants  or  the  faid 
with  a  na-  United  States,  to  fail  with  their  fhips  with  all 

tion  at  war  ri«i  i    r  •  Tn«o« 

with  the  o-  manner  or  liberty  and  lecunty,  no  diitinction 
ther.  being  made,  who  are  the  proprietors  of  the 
merchandizes  laden  thereon,  from  any  port  to 
the  places  of  thofe  who  now  are  or  hereafter 
mall  be  at  enmity  with  the  Moft  Chriftian 
King,  or  the  United  States.  It  (hall  likewife  be 
lawful  for  the  fubjecls  and  inhabitants  afore- 
faid,  to  fail  with  the  mips  and  merchandizes 
aforementioned,  and  to  trade  with  the  fame 
liberty  and  fecurity  from  the  places,  ports  2  id 
havens  of  thofe  who  are  enemies  of  both  or  ei- 
ther party,  without  any  oppofition  or  diftur- 
bance  whatfoever,  not  only  directly  from  the 
places  of  the  enemy  aforementioned  to  neutral 
places,  but  alfo  from  one  place  belonging  to 
an  enemy,  to  another  place  belonging  to  an 
enemy,  whether  they  be  under  the  jurisdiction 
of  the  fame  Prince,  or  under  feveral.  And  it 
is  hereby  ftipulated,  that  free  mips  (hall  alfo 
make  free  gjve  a  freedom  to  goods,  and  that  every  thing 
leptiiig"  mall  be  deemed  to  be  free  and  exempt  which 
contraband  mau  be  found  on  board  the  (hips  belonging  to 
the  fubjects  of  either  of  the  confederates,  al- 
though the  whole  lading,  or  any  part  thereof 
mould  appertain  to  the  enemies  of  either,  con- 
traband goods  being  always  excepted.  It  is  al- 
fo agreed  in  like  manner,  that  the  fame  liberty 
be  extended  to  perfons  who  are  on  board  a 
free  fhip,  with  this  effect,  that  although  they 
be  enemies  to  both  or  either  party,  they  are 
not  to  be  taken  out  of  that  free  fhip,  unlefs 
they  are  foldiers  and  in  actual  fervice  of  the 
enemy. 


C 

ARTICLE  XXllL 

II  fera  permis  a  tous  et  un  chacun  des  fujets 
du  Roi  tres  Chretien  et  aux  citoiens,  peupld 
et  habitans  des  fufdits  Etats  Unis,  de  naviguer 
avec  leurs  batimens  avec  toute  liberte  et  fiirete, 
fans  qu'il  puiffe  etre  fait  d'exception  a  cet 
6gard,  a  raifon  des  proprietaires  des  marchan- 
difes  chargees  fur  les  dits  batimens  venant  de 
quelque  port  que  ce  foit,  et  deftines'  pour  quel- 
que  place  d'urie  puifiance  adtuellement  enne- 
mie,  ou  qui  pourra  1'etre  dans  la  fuite  de  fa 
Majefte  tres  Chretienne  ou  des  Etats  Unis.  Il 
fera  permis  egalement  aux  fujets  et  habitans 
fus  mentionnes  de  naviguer  avec  leurs  vaifleaux 
et  marchandifes  et  de  frequenter  avec  la  meme 
libejrte  ct  furete,  les  places,  ports,  et  havres  des 
puiifances  ennemies  des  deux  parties  contrac- 
tantes  ou  d'une  d'entre  elles,  fans  oppofition  m 
trouble,  et  de  faire  le  commerce  non  feulement 
direclement  des  ports  de  1'ennemi  fufdit  a  un 
port  neutre,  mais  auffi  d'un  port  ennemi  a  ua 
autre  port  ennemi^  foit  qu'il  fe  trouve  fous  fa 
jurifdiction  ou  fous  celle  de  plufieurs  ;  et  il 
eft  ftipule  par  le  prefeht  traite  que  les  batimens 
libres  aflureront  egalement  la  liberte  des  mar- 
chandifes, et  qu'on  jugera  libres  toutes  les 
chofes  qui  fe  troiiveront  abord  des  navires 
appar tenants  aux  fujets  d'une  des  parties  con- 
tra&antes,  quand  meme  le  ehargement  ou 
partie  d'icclui  appartiendroit  aux  ennemis  de 
1'une  des  deux  ;  bien  entendu  neanmoins  que 
la  contrebande  fera  toujours  exceptee*  II  effc 
egalement  convenu  que  cette  meme  liberte  s'e- 
tendra  aux  perfonnes  qui  pourroient  fe  trou* 
ver  abord  du  batiment  libre,  quand  meme  elles 
feroient  ennemies  de  1'unedes  deux  parties  con- 
traclantes,  et  elles  ne  pourront  etre  enlevees  des 
dits  navires,  a  moms  qu'elles  ne  foient  militaire^ 
et  acluellement  au  fervice  de  Pennemi, 
VOL.  I.  F  3 


c 

ARTICLE  XXIV. 

This  liberty  of  navigation  and  commerce 
flrh,ftl*oods  mall  extend  to  all  kinds  of  merchandizes,  ex- 
deemed  ccpting  thofe  only  which  are  didinguiftied  by 
i-  the  name  of  contraband,  and  under  this  name 
of  contraband  or  prohibited  goods,  fhall  be 
comprehended  arms,  great  guns,  bombs  with 
the  fufdes,  and  other  things  belonging  to  them, 
carmon  ball,  gunpowder,  match,  pikes,  fwords, 
lances,  fpears,  halberds,  mortars,  petards,  gra- 
nades,  faltpetre,  mufket.  s,  muiket  ball,  buck- 
lers, helmets,  bread  .plates,  coats  of  mail,  and 
the  like  kinds  of  arms,  proper  for  arming  fol- 
diers,  mufket  reds,  belts,  hories  with  their 
furniture,  and  all  other  warlike  inftruments 
whatever.  Thefe  merchandizes  which  follow 
lhall  not  be  reckoned  among  contraband  or 
prohibited  goods  j  that  is  to  fay,  all  forts  of 
cloths,  and  all  other  manufactures  woven  of 
any  wool,  flax,  filk,  Cotton,  or  any  other  ma- 
terials whatever,  all  kinds  of  wearing  apparel, 
together  with  the  fpecies  whereof  they  are  ufed 
to  be  made,  gold  and  lilver,  as  well  coined  as 
uncoined,  tin,  iron,  latten,  copper,  brafs,  coals ; 
us  alfo  wheat  and  barley,  and  any  other  kind 
of  corn  and  pulfe  ;  tobacco,  and  likewife  all 
manner  of  fpices  ;  faked  and  fmoked  flefli, 
faked  Mi,  cheefe  and  butter,  beer,  oils,  wines, 
fugafs,  and  all  forts  of  falts  ;  and  in  general 
all  provifions  which  ferve  for  the  nounfhment 
of  mankind  and  the  fudenance  of  life  ;  fur- 
thermore, all  kinds  of  cotton,  hemp,  flax,  tar,' 
pitch,  ropes,  cables,  fails,  fail  cloths,  anchors 
and  any  parts  of  anchors,  alfo  fhips  mads, 
planks,  boards  and  beams  of  what  trees  foe- 
ver ;  and  all  other  things  proper  either  for  build- 
ing or  repairing  fhips,  and  all  other  goods  what- 
ever which  have  not  been  worked  into  the 


C     4H      ] 

ARTICLE  XXIV. 

Cette  libertc  de  navigation  et  de  commerce" 
doit  s'rtendre  fur  toutes  fortes  de  marchandC 
fes,  a  Pexception  feulement  de  celles  qui  font 
defignees  fous  le  nom  de  contrebande  :  Sous 
ce  nom  de  contrebande  ou  de  marchandifes 
prohibees,  doivent  etre  compris  les  armes,  ca- 
nons, bombes  avec  leurs  fufces  et  autres  chofes 
y  relatives,  boulets,  poudre  a  tirer,  mtfchcs, 
piques,  ep-'es,  lances,  dards,  hallebardes,  mor- 
tiers,  petards,  grenades,  falpetre,  fufils,  ballesy 
boucliers,  cafques,  cuirafTes,  cote  de  mailles, 
et  autres  armes  de  cette  efpece,  propres  a  a-r- 
nier  les  foldats,  porte-mcufqucton,  baudriers, 
chevaux  avec  leurs  equipages,  et  tous  autres 
mflruinens  de  guerre  quelconqiies.  Les  mar- 
chandifes  denommees  ci-apres  ne  feront  pas 
comprifes  parmi  ia  contrebande  ou  chofes  pro- 
hibe'es,  favoir  :  toutes  fortes  de  draps  et  toutes 
autres  etofFes  de  laiae,  lin,  foye,  cotonou  d?au- 
tres  matie'res  quelconqucs  ;  toutes  fortes  de 
vctemens  avec  les  etou'es  flont  on  a  coutume 
de  les  faire,  Tor  et  i'argent  monnoic  ou  non, 
Petain,  le  fer,  laiton,  cuivre,  airain,  charbons, 
de  meme  que  le  froment  et  Porge,  et  toute 
r. .utre  forte  de  bleds  et  legumes  ;  le  tabac  et 
toutes  les  fortes  d'epiceries,  la  viande  fal.e  et 
fumee,  poifTon  fale,  fromagc  et  beurre,  bierrc, 
huiles,  Tins,  iucres,  et  toute  efpece  de  fel,  et  en 
g:nc-ral  toutes  provifions  fervant  pour  la  nour- 
riture  de  Phomme  et  pour  le  foutien  de  la  vie, 
De  plus,  toutes  fortes  de  coton,  dc  chanvre, 
lin,  goudron,  poix,  cordes,  cables,  voiles, 
toiles  a  voiles,  ancres,  parties  d'ancres,  mats, 
planches,  madriers,  et  bois  de  toute  efpece,  et 
toutes  autres  chofes  propres  a  la  conilruclJon 
et  reparation  des  vaiiTeaux,  et  autres  'matieres 
f]uelconques  qui  n'ont  pas  la  forme  d'un  in=- 


t     4i*     1 

form  of  any  inftrument  or  thing  prepared  for 
war  by  land  or  by  fea,  {hall  not  be  reputed 
contraband,  much  lefs  fuch  as  have  been  al- 
ready wrought  and  made  up  for  any  other 
life  :  all  which  fliall  be  wholly  reckoned 
among  free  goods  ;  as  likewite  all  other  mer- 
chandizes and  things  which  are  not  compre- 
hended and  particularly  mentioned  in  the 
foregoing  enumeration  of  contraband  goods  ; 
fo  that  they  may  be  transported  and  carried 
in  the  freefl  manner  by  the  fubjects  of  both 
confederates,  even  to  places  belonging  to  an 
enemy,  fuch  towns  or  places  being  only  ex- 
cepted,  as  are  at  that  time  befieged,  blocked  up 
pr  inverted, 

ARTICLE  XXV. 

To  the  end  that  all  manner  of  difTentions 
and  quarrels  may  be  avoided  and  prevented, 
ffc^tobe  on  one  fide  and  the  other,  it  is  agreed,  that  in 
cafe  either  of  the  parties  hereto  ihould  be  en* 
in  war,  the  fhips  and  veffels  belonging 


ports  ana  to  the  fubje&s  or  people  of  the  other  ally,  muft 
totes.  ^  furni{hed  with  fea  letters  or  parTports,  ex- 
preffing  the  name,  property  and  bulk  of  the 
Ihip,  as  alfo  the  name  and  place  of  habitation 
of  the  matter  or  commander  of  the  faid  fhip, 
that  it  may  appear  thereby  that  the  {hip  really 
and  truly  belongs  to  the  fubjecls  of  one  of  the 
parties,  which  paiTport  mall  be  made  cut  and 
granted  according  to  the  form  annexed  to  this 
treaty  ;  they  mail  likewife  be  recalled  every 
year,  that  is  if  the  fhip  happens  to  return  home 
within  the  fpace  of  a  year,  It  is  likewife  agreed, 
that  fuch  {hips  being  laden  are  to  be  provided 
not  only  with  paiTports  as  above-mentioned, 
but  alfo  with  certificates,  containing  the  feve- 
ral  particulars  o/  the  cargo,  the  place 


ftrument  prepare  pour  la  guerre  par  terrc 
comme  par  mer,  ne  feront  pas  reputees  con- 
trebande,  et  encore  moins  celles  qui  font  deja 
prepartes  pour  queiqu'  autre  ufage :  Toutes 
les  chofes  denommces  ci-defTus,  doivent  etre 
comprifes  parmi  les  marchandifes  fibres,  dc 
meme  que  toutes  les  autres  marchandifes  et 
eiiets  qui  ne  font  pas  compris  et  particuliere- 
ment  nommes  dans  Penumeration  des  mar- 
chandifes de  contrebande  ;  de  maniere  qu'elles 
pourront  etre  tranfportees  et  conduites  de  la 
rnaniere  la  plus  libre,  par  les  fujets  des  deux 
parties  contradantes,  dans  des  places  enncmies, 
a  1' exception  ntanmoins  de  ceiles  qui  fe  trou- 
veroient  acluellement  afliegc'cs,  bloqutes  ou 
invefties. 

ARTICLE  XXV. 

Afin  d'ecarter  et  de  prevenir  de  part  et 
d'autre  toutes  difcuiHons  et  querelles,  il  a  ec6 
convenu  que  dans  le  cas  ou  1'une  des  deux 
parties  fe  trouveroit  engagce  dans  une  guerre, 
les  vaifleaux  et  batimens  appartenans  aux  fu- 
jets ou  peuple  de  Pautre  allie,  devront  etre 
pourvus  de  lettres  de  mer  ou  paffeports,  les 
quels  exprimeront  le  noni,  la  propri  te  et  le 
port  du  navire,  ainii  que  le  nom  ct  la  demeure 
du  maitre  ou  commandant  du  dit  vaiileau,  afin 
qu'il  apparoiiTe  par  la  que  le  meme  vaiileau 
appartient  r.ellement  et  vcritablement  aux  fu- 
jets de  Pune  des  deux  parties  contraftantes ; 
lequel  paffeport  devra  etre  expcdie  felon  le 
modele  annexe  au  prefent  traite.  Ces  paiTe- 
ports  devront  egalement  etre  renouvelles  cha- 
que  annee,  dans  le  cas  ou  le  vaifTeau  retourne 
chez  iui  dans  Pefpace  d'une  annee.  II  a  etc 
convenu  egalement  que  les  vaifleaux  fufraen- 
tionnes,  dans  le  cas'ou  ils  feroient  charges, 
etre  pourvus  non  fculemsJit  cjp 


•f  414  ] 

-the  fhip  failed,  and  whither  {he  is  .bound,  thai 
fo  it  may  be  known  whether  any  forbidden  or 
contraband  goods  be  on  board  the  fame-; 
which  certificates  mall  be  made  out  by  the  of- 
ficers of  the  phce  whence  the  (hip  fet  fail,  in 
the  accuftomed  form ;  and  if  any  one  mail  think 
it  fit  or  advifable  to  exprefs  in  the  faid  certi- 
ficates, the  perfon  to  whom  the  goods  onboard 
belong,  he  may  freely  do  fo. 

ARTICLE  XXVI. 

The  mips  of  the  fubjefts  and  inhabitants  of 
either  of  the  parties,  coming  upon  any  coafts 
belongmg  to  either  of  the  faid  allies,  but  not 
the  pous  of  willing  to  enter  into  port,  or  being  entered  in- 
ty  howPto"  to  Port  anc^  not  willing  to  unload  their  cargoes 
Vc  treated,  or  break  bulk,  they  ihall  be  treated  according 
to  the  general  rules  prefcribed  or  to  be  prefcri- 
bed,  relative  to  the  object  in  queflion. 

ARTICLE  XXVII. 

If  the  {hips  of  the  faid  Tub  j-ecls.  people  or  in- 
habitants  of  either  of  the  parties  mall  be  met 
with,  either  failing  along  the  coads  or  on  the 
f  kigh  *eas5  by  any  (hip  of  war  of  the  other,  or 
by  any  privateers,  the  faid  mips  of  war  or  pri- 
vateers, for  the  avoiding  of  any  diforder,  fiiail 
remain  out  of  cannon  mot,  and  may  fend  their 
boats  aboard  the  merchant  ihip  which  they 
fiiail  fo  meet  with,  and  may  enter  her  to  num- 
ber of  two  or  three  men  only,  to  whom  the 
maiter  or  commander  of  fuch  {hip  or  veflel 
il-all  exhibit  his  paffport  concerning  the  pro- 
perty of  the  ihip, ••  made  out  according  to  the 
form  infertcd  in  this  prefent  treaty,  and  the 
{hip  when  me  {hall  have  (hewed  fuch  paflport, 
mall  be  free  and  at  liberty  to  purfue  her 


[     415     ] 

ports,  mais  aufli  de  certificats,  contenant  le  de- 
tail de  la  cargaifon,  le  lieu  d'ou  le'vaifleau  eft 
parti,  et  la  declaration  des  marchandifes  dc 
contrebande  qui  pourroient  fe  trouver  abord  ; 
lesquels  certificats  devront  etre  expeclies  dans 
la  forme  accoutumee  par  les  officiers  du  lieu 
d'ou  le  vaiiTeau  aura  fait  voile  :  et  s'il  etoit 
juge  utile  ou  prudent  d'exprimer  dans  les  dits 
pafieports,  la  perfonne  a  laquelle  les  marchandi- 
fes appartiennent,  on  pourra  le  faire  librement. 

ARTICLE  XXVI. 

Dans  le  cas  ou  les  vaiiTcaux  des  fujets  et  ha- 
bitans  de  Tune  des  deux  parties  contraclantes 
approcheroient  des  cotes  de  Fautre,  fans  cepen- 
dant  avoir  le  deflein  d'entrer  dans  le  port,  on 
apres  etre  entres,  fans  avoir  le  deflein  de  de- 
charger  la  cargaiibn,  ou  rompre  leur  charge^ 
.on  fe  conduira  a' leur  egard  fuivant  les  regle- 
mens  gcneraux  preicrits  ou  a  prefcrire  relative- 
raent  a  1'objet  dont  il  eft  queition. 
ARTICLE  XXVII. 

Lorfqu'un  batiment  appartenant  aux  dits  fu- 
"jets,  peuple  et  habitans  tie  Pune  des  deux  par- 
ties, lera  rencontre  navigant  le  long  des  cotes 
ou  en  pleine  mer,  par  un  vaifleau  de  guerre 
de  Tautre,  ou  par  un  aimateur,  le  dit  vaiifeau 
de  guerre,  ou  arrnateur,  afin  d'eviter  tout  de- 
fordre,  fe  tiendra  hors  de  la  portee  du  canon, 
et  pourra  envoier  fa  chaloupe  abord  du  bati- 
ment marchand,  et  y  faire  entrer  deux  ou  trois 
homines,  aux  quels  le  maitre  ou  commandanr 
du  batiment  montrera  fon  paileport,  le  quei 
devra  etre  conforme  a  la  formule  annexee  au 
prefent  traitc,  et  conftatera  la  propriete  du 
batiment :  et  apres  que  le  dit  batiment  aura 
exhibe  un  pareil  paffeport,  il  lui  fera  libre  de 
continuer  fon  voiage,  et  U  ne  fera  pas  permis 


C   416   3 

Voyage,  fo  as  it  fhall  not  be  lawful  to  moleft  or 
fearch  her  in  any  manner,  or  to  give  her 
chace  or  force  her  to  quit  her  intended  courfe. 

ARTICLE  XXVIII. 

fearch  It  is  alfo  agreed,  that  all  goods  when  once 
are  u°°on  Put  on  board  the  fhips  or  veffels  of  either  of" 
board  flaips  the  two  contraclmg  parties,  fhall  be  fubjecl  to 


or  veffels,    no  farther    vifitation  ;    but   all   vifitation    or 

unlcis  in, 

«*fe  of  fearch  fhall  be  made  beforehand,  and  all  pro- 
fraud.  hibited  goods  fhall  be  (lopped  on  the  fpot,  be- 
fore the  fame  be  put  on  board,  unlefs  there 
are  manifeft  tokens  or  proofs  of  fraudulent 
practice  ;  nor  fhall  either  the  perfons  or  goods 
of  the  fubjects  of  his  Mo  ft  Chriftian  Majefty 
or  the  United  States,  be  put  under  any  arreft 
or  molefted  by  any  other  kind  of  embargo 
for  that  caufe  ;  and  only  the  fubjeft  of  that 
ftate  to  whom  the  faid  goods  have  been  or  malt 
be  prohibited,  and  who  fhall  prefume  to  fell 
or  alienate  fuch  fort  of  goods,  fhall  be  duly 
punilhed  for  the  offence. 


ARTICLE  XXIX. 

,          The  two  contracting  parties  grant  mutually 
uoed  Vrt  the  liberty  of  having  each  in  the  ports  of  the 
the  pom  of  other,  confute,  vice-confuls,  agents  and  com- 
y'  miflaries,  whofe  functions  fhall  be  regulated 
by  a  particular  agreement. 

ARTICLE  XXX. 

And  the  more  to  favor  and  facilitate  the 
free  ports,  commerce  which  the  fubjecls  of  the  United 
States  may  have  with  France,  the  Moft  Chrif- 
tian King  will  grant  them  in  Europe  one  or 
more  free  ports,  where  they  may  bring  and 
difpofe  of  all  the  produce  and  merchandize 
•f  the  thirteen  United  States  ;  and  his  Majef- 


i:  417  3 

de  le  molefter,  ni  de  chercher  en  aucime  ma- 
mere,  de  lui  donner  la  chaife,  ou  de  le  forcer 
ile  quitter  la  courfe  qu'il  s'etoit  propofee. 

ARTICLE  XXVIII. 

II  eft  convenu  que  lorfque  les  marchandifes 
auront  ete  chargees  fur  les  vaiiTeaux  ou  bati- 
mens  de  Tune  des  deux  parties  contra&antes, 
elles  ne  pourront  plus  etre  affujeties  a  aucune 
vifite ;  toute  vifite  et  recherche  devant  etre 
faite  avant  le  chargement,  et  les  marchandifes 
prohibees  devant  etre  arretees  et  faifies  fur  la 
pla^e  avant  de  pouvoir  etre  embarquees,  a 
moms  qu'on  n'ait  des  indices  manifefles  ou 
des  preuves  de  verfements  frauduleux.  De 
meme  aucun  des  fujets  de  fa  Majefttf  tres  Chre- 
tienne  ou  des  Etats  Unis,  ni  leurs  marchan- 
difes, ne  pourront  etre  arretes  ni  molefles  pour 
cette  caufe,  par  aucune  efpece  d'embargo  ;  et 
les  feuls  fujets  de  1'etat,  auxquels  les  dits  mar- 
chandifes auront  ete  prohibees,  et  quife  feron 
emancipes  a  rendre  et  aliener  de  pareilks 
marchandifes,  feront  duement  punis  pour  cette 
contravention. 

ARTICLE  XXIX. 

Les  deux  parties  contra&antes  fe  font  ac- 
corde  mutuellement  la  faculte  de  tenir  dans 
leurs  ports  refpeclifs,  des  confuls,  vice-confuls, 
agents  et  commhTaires,dont  les  fonclions  feront 
reglees  par  une  convention  particuliere. 
ARTICLE  XXX. 

Pour  d'autant  plus  favorifer  et  faciliter  le 
commerce  qus  les  fujets  des  Etats  Unis  feront 
avec  la  France,  le  Roi  tres  Chretien  leur  ac- 
cordera  en  Europe  un  ou  plufieurs  ports  Francs 
dans  lefquels  ils  pourront  amener  et  debiter 
toutes  les  denrces  et  marchandifes  provenant 
des  treize  Etats  Unis ;  fa  Pvlajefte  confervera 

VOL.  I.  03 


$y  will  alfo  continue  to  the  fubjech  of  the  fait! 
ftates,  the  free  ports  which  have  been  and  are 
open  in  the  French  iflands  of  America  :  of  all 
which  free  ports  the  faid  fubjects  of  the  United 
States  fhall  enjoy  the  ufe,  agreeable  to  the  re- 
gulations which  relate  to  them. 

ARTICLE  XXXI. 


prefent  treaty  {hall  be  ratified  on  both 
fides,  and  the  ratifications  fhall  be  exchanged 
in  the  fpace  of  fix  months,  or  fooner  if  pdffi- 
ble. 

In  faith  whereof  the  refpeftive  plenipotentia- 
ries have  figned  the  above  articles,  both  in 
the  French  and  Engliih  languages,  declar- 
ing neverthelefs,  that  the  prefent  treaty  was 
originally  compofed  and  concluded  in  the 
French  language,  and  they  have  thereto 
affixed  their  feals, 

DONE  at  Paris,  this  fixth  day  of  February,  one 
thoufand  feven  hundred  and  feventy-eight* 

C.  A.  GERARD,  (L.  s.) 

B.  FRANKLIN,  (L.  s.) 

SILAS  DEANE,  (L.  s.) 

ARTHUR  LEE,  (L.  s,) 


C   419   1 

<i'un  autre  cote,  aux  fujets  des  dits  Etats,  les 
ports  Francs  qui  ont  etc,  et  font  ouverts  dans 
les  iiles  Fran^oifes  de  1'Amerique.  De  tous 
les  quels  ports  Francs  les  dits  fujets  des  Etats 
Unis  jouiront  conformemcnt  aux  reglemens 
qui  en  determinent  1'ufage. 

ARTICLE  XXXI. 

Lc  prefent  traite  fera  rati-fie  de  part  et  d'au- 
tre,  et  les  ratifications  feront  echangees  dans 
1'efpace  de  fix  mois  ou  pluftot  fi  faire  fe  peut. 

En  foi  de  quoi  les  Plenipotentiaires  refpe&ifs 
ontfigne  les  articles  ci-deflus,  tant  en  langue 
Fran9oife  qu'en  langue  Angloife,  declarant 
ncanmoins  que  le  prefent  traite  a  ete  origi- 
nairement  redige  et  arrete  en  langue  Fran- 
^oife  ;  et  ils  y  ont  appofe  le  cachet  de  leurs 
armes. 

Fait  a  Paris,  le  fixieme  jour  du  mois  de  Fevrier, 
mil  fept  cent  foixante  dix-huit. 

C.  A.  GERARD,  (L  s.) 

B.  FRANKLIN,  (L.  s.) 

SILAS  DEANE,  (L.  s.) 

ARTHUR  LEE,  (L.  s.} 


ORIGINAL. 

T    R    E    A    T    Y 

Of  Amity  and  Commerce  between  their  High 
Mightineffes  the  States  General  of  the  Uni- 
ted Netherlands,  and  the  United  States  of 
America,  to  wit :  New-HampJJoire,  Mqffa- 
chufetts,  Rhode-JJiand  and  Providence  Plan- 
tations,  Connecticut ,  New -Tor  k,  New-Jerfey, 
Pennfyhania,  Delaware,  Maryland,  Virgi- 
nia, North-Carolina,  South -Carolina,  and 
Georgia. 

HEIR  High  Mightineffes  the  States  Ge- 
neral  of  the  United  Netherlands,  and  the 
United  States  of  America  ;  to  wit :  New- 
Hampmire,  Maffachufetts,  Rhode-Ifland  and 
Providence  Plantations,  Connecticut,  New- 
York,  New-Jerfey,  Pennfylvania,  Delaware, 
Maryland,  Virginia,  North- Carolina,  South- 
Carolina,  and  Georgia,  defiring  to  afcertain 
in  a  permanent  and  equitable  manner,  the 
rules  to  be  obferved  relative  to  the  commerce 
and  correfpondence,  which  they  intend  to  ef- 
tablifh  between  their  refpeclive  flates,  coun- 
tries and  inhabitants,  have  judged  that  the 
faid  end  cannot  be  better  obtained,  than  by 
eftablifhing  the  mo  ft  perfect  equality  and  reci- 
procity for  the  bafis  of  their  agreement,  and 
by  avoiding  all  thofeburthenfome  preferences, 
which  are  ufually  the  fources  of  debate,  em- 
barrafTment  and  difcontent ;  by  leaving  alfo 
each  party  at  liberty  to  make,  refpecling  com- 
merce and  navigation,  fuch  ulterior  regula- 
tions as  it  fhall  find  moil  convenient  to  itfelf ; 
and  by  founding  the  advantages  of  commerce 
folely  upon  reciprocal  utility,  and  the  juft  rules 


O   R   I   G   I  N   E   E  L. 

T    R   A   C    T    A   A   T 

Van  Vriendfchap  en  Commercie,  tuffchcn  Haar 
Hoog  Mogende  de  Staten  Generaal  der 
Vereenigde  Nederlanden,  en  de  Vereenigde 
Staten  van  America,  tc  ^ccien,  New-Ha?np- 
Jhire,  M'tjachuf^tis,  Rhode-IJland  en  Provi- 
dence Plantations,  Connecticut,  New-York^ 
Ne^v-Jerfij,  Pennfylvan'ui,  Delaware,  Ma- 
ryland, Vir^inien,  N cord-Carolina^  Zuyd-Ca- 
rolina,  en  Georgia. 

HAAR  Hoog  Mogende  de  Staten  Gene- 
raal der  Vereenigde  Nederlanden  en  dc 
Vereenigde  Staten  van  America  ;  te  .weeten  : 
New-Hampihire,  Maffachufetts,  Rhode-Ifiand 
en  Providence  Plantations,  Connecticut,  New- 
York,  New-Jerfey,  Penfylvania,  Delaware, 
Maryland,  Virginien,  Noord-Carolina,  Zuyd- 
Carolina,  en  Georgien,  geneegen  zynde  op 
een  beflendige  en  billyke  wyze  te  bepalen  de 
regelen,  die  in  acht  genomen  moeten  worden, 
ten  opzigte  van  de  ccrrefpondentie  en  com- 
mercie,  welke  zy  verlangen  vaft  te  flellen  tuf- 
fchen  haare  refpedive  landen  Staten,  oncler- 
danen  en  ingezeetenen,  hebben  geoordeelt, 
dat  het  gezegde  eynde  niet  beeter  kan  worden 
bcSrey-kt,  dan  door  te  ftellen  tot  een  bazis  van 
haar  verdrag,  de  volmaekfie  egaliteit-  en  reel- 
prociteit,  en  met  vermyding  van  alle  die  laflige 
praeferentien,  de  welke  doorgaans  cle  bronaders 
zyn  van  nvift,  verwarring  en  mifnoegen  ;  door 
aan  iedere  party  de  vryheid  te  laaten,  om  wee- 
gens  de  commercie  en  navigatie,  verder  zulke 
reglemcnten  te  nraken,  als  die  voor  zig  zelven 
her.  gevoegelykft  zal  oordcelen  5  en  door  de 


C   422   3 

of  free  intercourfe,  referring  withal  to  each 
party  the  liberty  of  admitting  at  its  pleafure 
ether  nations  to  a  participation  of  the  fame  ad- 
vantages* 


On  thefe  principles  their  faid  High  Mighti- 
nefies  the  States  General  of  the  United  Ne- 
therlands, have  named  for  their  plenipotentia- 
ries, fromthe  midft  of  their  afTembly^Meilieurs, 
their  deputies  for  the  foreign  affairs  ;  and  the 
faid  United  States  of  America,  on  their  part, 
have  furnifhed  with  full  powers,  Mr.  John 
Adams,  late  cornmiflioner  of  the  United  States 
of  America  at  the  court  of  Verfailles,  hereto- 
fore delegate  in  Congrefs  from  the  ftate  of 
MdFachuietts-Bay,  and  chief  juftice  of  the 
faid  (late,  who  have  agreed  and  concluded  as  \ 
follows,  to  wit : 

ARTICLE  L 

There  (hall  be  a  firm,  inviolable  and  univer- 
fricndiWp    fal  peace  and  fincere  friendihip,  between  their 
between  the  High  Mightmefies,  the  Lords  the  States  Gene- 
1S<  ral  of  the  United  Netherlands,  and  the  Uni- 
ted States  of  America,  and  between  the  fub- 
jecls  and  inhabitants  of  the  faid  parties,  arid 
between  the  countries,  iflands,  cities  and  places, 
fituate  under  the  jurisdiction  of  the  faid  Uni- 
ted Netherlands,  and  the  faid  United  States  of 
America,  their  fubje&s  and  inhabitants,  of 
every  degree,  without  exception  of  perfons  or 
places. 

ARTICLE  II. 

The  mbjecb  of  the  faid  States  General  of 
z  United  Netherlands;,  fhall  pay  in  the  ports, 


L    423    j 

Yaordeelen  van  eommercie,  eeniglyk  to  grort- 
den  op  weederzyds  nut,  en  de  juyfte  regels 
van  vrye  handel  over  en  weer  ;  reierveeremle 
by  dat  alles  aan  icdere  parthy  de  vryheid,  om, 
na  des  zelfs  goedvinden  andere  natien  te  ad- 
mi  tteeren  tot  het  participeeren  aan  dezelfde 
voorcleelen. 

Op  deeze  grondbeginzelen  hebben  voorge- 
melde  Haar  Hoog  Mogende  dc  Staten  Gene- 
raal  der  Vereenigde  Nederlanden,  tot  hunne 
PlenipotentiariHen,  uit  het  midden  hunner  ver- 
gadering  benoemd,  de  Heeren  Derfelver  ge- 
deputeerden  tot  de  buytenlundfche  Zaakcn  ; 
En  de  gemelde  Vereenigde  Staten  van  Ameri- 
ca van  hunne  zyde,  met  volrnagt  voorfien  den 
Heer  John  Adams,  laatfl  commifiaris  van  dc 
Vereenigde  Staten  van  America,  aan  het  Hof 
van  Verfailles  geweezen  afgevaardigde  op  het 
Congres  weegens  de  (hi ten  van  Maffachu 
Baay,  en  opper-regter  van  den  gemelden  ftaatt 
iewelke  zynovereengekomen,  engeaccordeerU 
ARTICLE  I. 

Daar  zai  een  vafle,  cnverbreekelyke  en  uni- 
yerleele  vreede,  en  opregte  vrienichap  zyn, 
tuflchen  Haar  Hoog  Mogende  de  Heeren  Sta- 
ten General  der  Vereenigde  Nederlanden,  en 
de  Vereenigds  Staten  van  America,  en  cle  on- 
derdanen  en  ingezeetenen  van  cle  voornoera- 
de  parthyen,  en  tuflchen  de  land  en,  eilanden, 
fleeden  en  plaatzen,  geleegen,  onder  de  jurif- 
diclie  van  <le  gemelde  Vereenigde  Nederlan- 
den,  en  de  gemelde  Vereenigde  Staten  van 
America,  en  derfelver -onderdanen  en  ingezee- 
tonen  van  allerley  Staat,  fonder  onder  ichekl 
van  perfoonen  en  plaatzen. 

ARTICLE  II. 

De  onderdanen  van  tie  gemelde  Staten  Gc- 
Kcraal  der  Vereenigde  Nederlaiicicn.,  zullen  in 


tion. 


C   4*4   ] 

navens>    roads?    countries,    ifiands,   cities   or 
places,  of  the  United-  States  of  America,  or 
ihaii  have   any  o£  them,  no  other  nor  greater  duties  or 

thefamepn-  .     J  ?  . 

Tiicfcs  in  impoiis,  of  whatever  nature  or  denomination 
Sat«Dasd  ^iey  may  k£9  t^lan  thofe  which  the  nations  the 
the  moft  mod  favoured,  are  or  mail  be  obliged  to  pay  , 
favored  ua-  an^  ^^  majj  enjov  ajj  tjle  rjg]lts?  liberties,  pri- 
vileges, immunities,  and  exemptions  in  trade, 
navigation  and  commerce,  which  the  faid  na- 
tions do  or  mail  enjoy,  whether  in  paffing 
from  one  port  to  another,  in  the  faid  Hates,  or 
in  going  from  any  of  thofe  ports  to  any  fo- 
reign port  of  the  world,  or  from  any  foreign 
port  of  the  world  to  any  of  thofe  ports. 


ARTICLE  III. 

citizens  of  "j^g  fubjecls  and  inhabitants  of  the  faid 
states,  {hail  United  States  of  America,  fhall  pay  in  the 
\c.  ports,  havens,  roads,  countries,  iflands,  cities 
places  of  the  faid  United  Netherlands,  or 
United  NO  anv  of  them,  no  other  nor  greater  duties  or 

thedancis  ~       ,  . 

as  the  moft  imports  or  whatever  nature  or  denomination 
they  may  be,  than  thofe  which  the  nations 
Tne  mod  favoured,  are  or  (hall  be  obliged  to 
pay  :  And  they  fhall  enjoy  all  the  rights,  li- 
berties, privileges,  immunities  and  exemptions 
in  trade,  navigation  and  commerce,  which  the 
faid  nations  do  or  fhall  enjoy,  whether  in  paf- 
fing  from  one  port  to  another  in  the  faid  dates, 
or  from  any  one  towards  any  one  of  thcfe 
ports,  from  or  to  any  foreign  port  of  the  world. 
And  the  United  States  of  America,  with  their 
fubjecls  and  inhabitants,  fhall  leave  to  ,thofe 
of  their  High  MightineiTes,  the  peaceable  en- 
joyment of  their  rights,  in.  the  countries. 


iavorcd  na- 
tion. 


[    425    3 

Je  havens,  rheeden,  landen,  eilanden,  fteden 
of  plaatzen  van  de  Vereenigde  Statcn  van 
America,  of  eenige  van  dezelve,  geen  andere 
of  grootere  regten  of  impofitien  van  wat  na- 
tuur,  die  ook  mogen  zyn,  of  hoedanig  dezelve 
ook  gfnoemt  mogen  werden^  betaalen,  dan 
die  welke  de  meeit  gefavoriieerde  natien,  zyn 
of  zullen  worden  verpligt  aldaar  te  betaalen. 
En  zy  zullen  ge'nieten  alle  de  regten,  vryhee- 
den,  privilegien,  immuriitdten  en  exemptien. 
in  handeL  navigatie  en  commercie,  het  zy  in 
het  gaan  van  eene  haven  in  de  gemelde  Staaten 
na  eene  andere,  of  gaande  van  eenige  van  deeze 
havens  na  eenige  vreemde  haven  van  de  wereld, 
of  van  eenige  vreemde  haven  van  de  wereld, 
tia  eenige  van  deeze  havens,  welke  de  gemelde 
natien  reeds  genieten  of  zullen  genieten. 
ARTICLE  III. 

Infgelyks  zullen  de  onderdanen  en  ingezee- 
tenen  van  de  gemelde  Vereenigde  Staten  van 
America,  in  de  havens,  rheeden,  landen,  eilan- 
den,  fleeden  of  plaatfen  van  de  gemelde  Veree- 
nigde Nederlanden  of  eenige  van  dezelve, 
geen  andere  of  grootere  regtert  of  impofitien, 
van  wat  natuur,  die  ook  mogen  zyn  of  hoeda- 
nig dezelve  ook  genoemt  mogen  worden,  be- 
talen,  dan  die,  wclke  de  meell  gefavorifeerde 
natien,  zyn  of  zullen  worden  verpligt  aldaar 
te  betalen.  En  zy  zullen  genieten  alle  de 
regten,  vryheedeh,  privilegien,  immuniteiten, 
en  exemptien  in  handel,  navigatie  en  com- 
mercie, het  zy  in  het  gaan  van  eene  haven  in 
de  gemelde  Staaten  na  eene  andere,  of  gaande 
na  en  van  dezelve,  van  en  na  eenige  vreemde 
haven  van  de  wereld,  welke  de  meed  gefavo- 
fifeerde  natien  reeds  genieten  of  fallen  geni- 
eten. En  zullen  de  Vereenigde  Staten  van' 
America,  benevens  haare  onderdanen  en  in* 

VOL.  I.  H  3 


[     425     ] 

and  fta^  in  the  Eafl  and  Weft^fofi'er, 
without  any  hindrance  or  moleilation. 


ARTICXE  IV. 

There  Ihall  be  an  entire  and  perfect  liberty 
i  iheny  of  ^f  ccnfcicKce  allow&l  to  the  fur  iecls  and  inha- 

confcicncc,   T  •  r         i  i  i     •       r        •!• 

&c,  fecur-  bitants  or  each  party,  and  to  their  families, 
cdtothc     and  no  one  (hall  be  inolefted  in  regard  to  his 
each* party  worfhip,  provided  he  fubmits  as  to  the  public 
ther'6  th     C^emonftration  °f  it,  to  the  laws  of  the  country : 
minions?"    There  (hall  be  given  moreover,  liberty,  when 
any  fubjects  or  inhabitants  of  either  party  mail 
die  in  the  territory  of  the  other,  to  bury  them 
in  the  ufual  burying  places,  or  in  decent  and 
convenient  grounds  to  be  appointed  for  that 
purpofe,  as  ©ccafion  fhall   require  ;   and   the 
dead  bodies  of  thofe  who  are  buried,  (hall  not 
in  any  wife  be  moleded.  And  the  two  con- 
tracting parties  fhall  provide,  each  one  in  his 
jurifdidion,  that  their  refpe&ive  fubjects  and 
inhabitants  may  henceforward  obtain  the  re- 
quifite  certificates  in  cafes  of  deaths,  in  whick 
ihey  fhall  be  interefled. 


ARTICLE  V. 

Both  par-  Their  High  Mightineffes,  the  States 
S'veJds  ra*  °f  tne  United  Netherlands,  and  the  Uni- 
o?  the  o-  ted  States  of  America,  fhall  endeavour,  by  all 
therm  their  ^Q  means  in  their  power,  to  defend  and  pro- 

dominions,  ^  r  * 

to  rt-ftare  tecl  all  veflels  and  other  effects,  belonging  to 
caTu^d,en  tne^r  Objects  and  inhabitants  refpe&ively,  or 
and  to  con-  to  any  of  them,  in  their  ports,  roads,  havens, 
vovmcer-  •ntema|  feasjpf.ues,  rivers,  and  as  far  as  their. 


L    427    j 

i .,  aan  die  van  Haar  Koog  Mogemle 
):tten  het  ger-uit  genot  van  haare  regten,  om- 
trent  de  landen,  eilanden  en  zeeen,  in  Ooft  en 
Wefl-Indien,  fonder  haar  daar  in  eenig  belet 
•of  hindernis  ts  doen. 

ARTICLE  IV. 

Er  zal  eene  voile,  volkomene  en  geheele 
vv)  heid  van  confcientie  worden  tocgeftaen  aan 
.de  rnderdancn  en  ingezeetenen  van  iedere 
parthy,  en  aan  dcrzelver  familicn,  en  zal  nio 
mand  tcr  zake  van  den  Godtfdienft  worden 
gemotefteert,  mlts  hem  omtrent  publiqiie  dc- 
fnonitratic  ondc-rwerpende  a?.n  de  wetten  van 
htt  land.  Daar  en  boven  zal  vryheyd  \vorden 
gegevcn  aan  de  onderdanen  en  ingezeetenen 
van  iedere  parthy e,  die  in  des  anderen's'  ter- 
ritcir  overlyden,  om  begraven  te  worden  in  de 
gewoonc  begraafplaatzcn  of  gevoeglykc  en 
clecente  plaatzen,  daar  toe  te-bepaalen,  zoo  als 
de  geleegenheid  zal  vereyffchen,  nogie  zullen 
de  doode  lighaamen  van  die  geene,  die  begra- 
\  _n  zyn  eenigfmts  worden  gemolelteert.  En 
zullen  debeidecontracleerendemogendheeden, 
ieder  onder  hun  gebied,  de  nodige  voorfieninge 
doen,  ten  eynde  de  refpedLvc  onderdanen  en 
ingezeetenen  van  behoorlyke  be\vyzen  van 
fterfgevallen,  waar  by  dezelve  zyn  gemteref- 
feert  voortaan  zullen  kurmen  worden  gedient. 
ARTICLE  V. 

Haar  Hoog  Mogende,  de  Staten  Generaal 
der  Vereenigde  Nederlanden  en  de  Vereenigde 
Staten  van  America,  zullen  tragten  zoo  veel 
eenigzints  in  haar  vermogen  is,  te  befchermen 
en  defendeeren  alle  fcheepen  en  andere  effeften 
toebehoorende  aan  wederzyclfche  onderdanen 
jen  ingezeetenen,  of  eenige  van  dezelve,  zyn- 
de  IB  haare  havens  of  rhee'n,  binnenlandfche 


jurifdiction  extends  at  fea,  and  to  recover,  and 
caufe  to  be  reftored  to  the  true  proprietors, 
their  agents  or  attornies,  all  fuch  veifels  and 
effects,  which  fnall  be  taken  under  their  ju- 
rifdiction :  And  their  veifels  of  war  and  con- 
voys, in  cafes  when  they  may  have  a  common 
enemy,  mail  take  under  their  protection  all  the 
verlels  belonging  to  the  fubjects  and  inhabi- 
tants of  either  party,  which  mall  not  be  laden 
with  contraband  goods,  according  to  the  de- 
fcription  which  mail  be  made  of  them  hereaf- 
ter, for  places,  with  which  one  of  the  parties 
is  in  peace  and  the  other  at  war,  nor  deftined 
for  any  place  blocked,  and  which  (hall  hol$ 
the  fame  courie  or  follow  the  fame  route  •,  and 
they  mall  defend  fuch  veflels  as  long  as  they 
fliall  hold  the  fame  courfe  or  follow  the  fame 
route,  againit  all  attacks,  force  and  violence 
of  the  common  enemy,  in  the  fame  manner 
as  they  ought  to  protect  and  defend  the  vef- 
1't'ls  belonging  to  their  own  refpective  fabje&s. 


ARTICLE  VI. 

The  fubjecls  of  the  contracting  parties  may, 
on  one  fide  and  on  the  other,  in  the  refpective 
of  countries  and  ftates,   difpofe  of  their  effects', 
7  teftamerit,  donation,  or  otherwife  j  and  their 
of  cftate  by  heirs,  fubjects  of  one  of  the  parties,  and  refid- 
^nS  ^n  ^ne  country  of  the  other,  or  elfewhere, 
iliall  receive  fuch  fucceflions,  even  ab  inteftafo^ 
whether  in  perfon  or  by  their  attorney  or  fub- 
ftitute,  even  although  they  mall  not  have  ob- 
tained letters  of  naturalization,  without  hav- 
ing the  effect  of  fuch  commiilion  contefted, 
under  pretext  of  any  rights  or  prerogatives  of 
any  province,  city,  or  private  perfon  j  and  if 


[     4*9     ] 

zeeen,  ftroomen,  rivieren,  en  zoo  verre  haare 
jurifdictie  zeewaards  ftrekt,  en  wederom  te  be- 
komen,  ente  doen  reilitueeren  aan  de  regte 
eigenaers,  hunne  agenren  of  gevolmagtigden, 
nlle  zodanige  fcheepen,  en  effecten  die,  onder 
haare  jurifdictie,  zullen  geriomen  word  en  :  en 
haare  convoyeerende  oorlog  fcheepen  zullen, 
voor  zoo  verxe  zy  eenen  gemeenen  vyand  mo- 
gen  hebben,  onder  haare  protectie  nee  men 
alle  fcheepen  toebehoorende  aan  elkanders  on- 
derdanen  en  ingezetenen,  dewelke  gecne  ccn- 
trabande  goederen,  volgens  de  befchryving, 
hier  na  daar  van  te  doen,  zullen  hebben  in- 
gelaaden  naar  plaatxen,  waar  meede  de  eene 
parthy  in  vreede,  en  de  andere  in  oorlog  is, 
en  na  geen  geblocqueerde  plaats  gedeftineert 
zyn,  en  zullen  houden  dezelve  cours,  of  gaan 
dezelve  weg,  en  zullen  zodanige  fcheepen  de- 
fendeeren,  zoo  lang  als  zy  dezelve  cours  hou- 
den, of  defelve  weg  gaan,  teegens  alle  aanval- 
len,  magt  en  geweld  van  den  gemeenen  vyand 
op  dezelve  wys  als  zy  zouden  moeten  befchcv- 
nien  en  defendeeren  de  fcheepen  toebehooren- 
de aan  weederfyds  eigen  onderdaanen. 

ARTICLE  VI. 

De  onderdanen  der  contrafteerende  par- 
thy  en,  zullen  over  en  weeder  in  weeclerfydlche 
landen  en  flaten  van  hunne  goederen  by  tefta- 
menten  donatien,  of  anderfmts  mogcn  difpo- 
neeren  ;  en  hunne  erfgenainen,  zynde  onder- 
danen van  een  der  parthyen  in  de  landen  van- 
de  andere,  of  \vel  elders  woonagtig,  zullen 
dezelve  nalatenfchapen  ontfangen,  -elfs  ab  in- 
teftato9  het  zy  inperibon,  het  zy  by  him  pro- 
cureur  of  gemagtigde,  fchoon  zy  geen  brieven 
van  naturalifatie  zouden  mogen  hebben  geob- 
tineert,  zonder  dat  het  effeft  van  die  commiffie, 
jiun  zal  kuniieu  worden  betwift,  onder  prse- 


[     43°     ] 

the  heirs,  to  \vhom  fuch  fucccillons  may  Have 
fallen,  fhall  be  minors,  the  tutors  or  curators, 
Regulations  eftabli  filed  by  the  judge  domiciliary  of  the  faid 
^ors,  may  govern,  direcl,  adminifter,  fell 
and  alienate  the  eft-eels  fallen  to  the  faid  mi- 
nors by  inheritance,  and  in  general,  in  rela- 
tion to  the  faid  fucccifrons  and  effects,  ufe  all 
the  rights,  and  fulfil  all  the  functions  which 
belong,  by  the  difpofirion  of  the  laws,  to  guar- 
tHans,  tutors  and  curators :  Provided  never- 
thelefs,  that  this  difpofmon  cannot  take  place, 
but  in  cafes  where  the  teilator  mail  not  have 
named  guardians,  tutors,  curators,  by  tefta- 
inent,  codicil,  or  other  legal  inftrumeat. 


ARTICLE  VII. 

each  party       It  mall  be  lawful  and  free  for  the  fubjech 
of  each  party,  to  employ  fuch  advocates,  at- 
tornics,  notaries,  folicitors,  or  factors,  as  they 
<hall  judge  proper. 
P^-  ARTICLE  VIII. 

Merchants,  mailers   and  owners   of  fhips, 
mariners,  men  of  all  kinds,  (hips  and  veflels, 
not  to  be'C'  anc^   a^  merchandizes  ?.nd  goods  in  general, 
Stained,     snd  eftccls   of  one  of  the  confederates,  or  of 
the  fubjeets  thereof,  ihall  not  be  feized,  or  de- 
tained in  any  of  the  countries,  lands,  iilands, 
odes,    places,    ports,    Ihores,    or    dominions 
v/hatfeever  of  the  other  confederate,  for  any 
military  expedition,   public  or  private  ufe  o,f 
any  one,  by  arrefts,   violence,  or  any  colour 
reof ;  much  lefs-  fhall  it  be  permitted  to  the 
of  either  party,  to  take  or  extort  by 


c  431  : 

text  van  ecnige  regten,  of  voor-regten  v:in- 
eenige  provincie,  ftad  of  particu-lier  pcrzooii : 
enfoo  de  erfgenamen,  aan  welke-de  eriieniffea 
morten  vcrvallcn  zyn,  minder  jarig  waren, 
zullen  de  voogclen  of  curateurs  by  den  dorni- 
ciliairen  regter  der  genoemde  minderjarigen 
aaageaftelt,  kunnen  regeeren,  beftieien,  ad* 
minift-reeren,  vcrkoopen  en  veralieneeren  de 
goedcren,  welke  de  genielde  mindei^arigen  by 
erfFeniflen  zullen  zyii  te  beurt  gevallen  ;  en 
generalyk  met  opfigttot  de  voorfchreeve  fuc- 
ccilien  en  goederen,  waarneemen  alle  regten 
en  fundien,  die  aan  voogdei\  en  curateurs  na 
difpofitie  der  wetten  competeeren,  behoudens 
nogtans  dat  deeze  difpofitie  geen  plaa-ts  zal 
kunnen  hebben,  dan  ingevalle  als  wanneer  de 
teftateur,  by  tedament,  codicille,  of  ander  wet- 
tig  inftrumeut,  geene-voogden  of  curateurs  ml 
hebben  genomineerl. 

ARTICLE  VII. 

Het  zal  wetti'g  en  vry  zyn  aan  de  onderda- 
nen  van  iedere  parthye,  zodanige  advocaten, 
procureurs,  notariflen,  foliiciteurs  of  fadoors 
te  employeeren,  als  zy  zullen  goedvinden. 

ARTICLE  VIU. 

Kooplieden,  fchippers,  eygenaers,  baotfge- 
zellen,  lieden  van  alderhande  foort,  fcheepen 
en  vaartuigen,  en  aile  koopmanfchappen  en 
goederen  in  net  generaal,  en  effecten  van  een 
der  bondgenootven ,  of  van  derfel  ver  onderdanen , 
zullen  niet  mogen  wor  Jea  in  beilag  genomea 
of  aangehouden  in  esn-i^e  der  landen,  gron- 
4cn,  eiianden,  fieed.en,  piaatfen^  havens,  icran- 
dcii  of  d'jiuiiiien,  hoegenaamt  van  daa  anderea 
bondgcnoot,  tot  eeaige  militair^  €xpeditie, 
publicq  of  privaat  gebrulk  van  ieiriand,,  door- 
;irr-;:li,  geweld  of  eenigiin-s  d 


C   433   3 

force,  any  thing  from  the  fubjeds  of  the 
party,  without  the  confcnt  cf  the  o\vner  ; 
which,  however,  is  not  to  be  understood  of 
feizures,  detentions  and  arreils,  which  mall  be 
made  by  the  command  and  authority  of  juf- 
tice,  and  by  the  ordinary  methods,  on  ac- 
count of  debts  or  crimes,  in  refpecl  whereof, 
the  proceedings  mull  be  by  way  of  law,  accor- 
ding to  the  forms  of  juftice. 


ARTICLE  IX. 

It  is  further  agreed  and  concluded,  that  it 
e  wholly  free  for  all  merchants,  com- 
-  manders  cf  (hips,  and  other  fubj efts  and  inha- 
bitants  of  the  contracting  parties,  in  every 
place,  fubjecl  to  the  jurifdiction  of  the  two 
powers  refpeftively,  to  manage  themfelves* 
their  own  bufmefs  ;  and  moreover  as  to  the 
ufe  of  interpreters  or  brokers,  a?  alfo  in  rela* 
tion  to  the  loading  or  unloading  of  their  vef- 
fels,  and  every  thing  which  has  relation  there- 
to, they  (hall  be,  on  one  fide  and  on  the  other, 
confidered  and  treated  upon  the  footing  of  na- 
tural fubjecls,  or,  at  lead,1  upon  an  equality 
with  the  mod  favoured  nation. 


ARTICLE  X. 

The  merchant  mips,  of  either  of  the  parties^1 
ftupsifrc-  coming  from  the  port  of  an  enemy,  or  from 
quired  fhaii  their  own,  or  a  neutral  port,  may  navigate 
ktters,  &c"  freely  towards  any  port  of  an  enemy  of  the 
if  no  con-  other  ally  :  they  ihall  be,  nevertheiefs,  held, 
|oodJlftall  whenever  it  ihall  be  required,  to  exhibit,  as 
Pafs-  well  upon  the  high-feas,  as  in  the  ports,  their 
fea-letters,  and  other  documents,  defcribed  in 


C     433     3 

Yeel-minder  «al  het  gepermitteert  zyn  aati  de 
bnderdanen  van  iedere  parthy  lets  te  neemeri 
of  door  geweld  te  ontvrecmden,  van  de  onder- 
danen  van  de  andere  parthy  fonder  bewilliging 
van  die  perfoon,  die  het  toebehoord  :  het 
geen  egterniet  te  verllaan  is  van  die  aanhalin- 
gen,  detentien,  en  arreften.  welke  zullen  wor- 
den  gedaan  op  bevel  en  authoriteit  van  dejuf- 
titie  en  volgens  de  ordinaire  wegen,  ten  op- 
zigte  van  fchulden  of  mifdaden,  waar  omtrent 
de  procedures  moeten  gerchieden,  by  wege 
van  regten,  ingevolge  de  form  van  juititie. 
ARTICLE  IX. 

Verders  is  overeengekomen  en  beflooten, 
dat  het  volkomjn  vrv  zal  ftaan  aan  allc  koop- 
lieden  bevelhebbers  van  fcheepen  en  andere 
onderdanen  oi  ingezeetenen  der  beide  con- 
tracleerende  mogendheeden  in  alle  plaatf?n, 
refpe6livelvk  gehoorende  onder  het  gebied  en 
de  jurifdiclie  dor  weederzydlche  mogendhee- 
den hunne  eige  faaken,  zelfs  te  verrigten  ; 
zullende  defelve  wyders,  omtrent  het  gebruik 
van  tolken  of  makelaars,  mitfgaders  met  op- 
zigt  tot  het  laaden,  of  ontladcn  hunner  fcheep- 
en, en  al  het  geen  daar  toe  betrekkelyk  is,  over 
en  weeder  op  den  voet  van  eige  onderdanen, 
of  ten  minften  in-gelykheid  met  de  meed  ge- 
favorifeerde  natie  geconfidereert  en  gehandelt 
worden. 

ARTICLE  X. 

De  koopvaardy  fcheepen  van  een  ieder  der 
parthyen,  koomende  foo  wel  van  een  vyan- 
delyke,  als  eige  of  neutrale  haven,  zullen  vry 
mogen  vaaren  naa  eenige  haven  van  een  vyand 
van  den  anderen  bondgenoot ;  dog  verpligt 
zyn,  foo  dikwils  het  gevordert  word,  haarc 
zeebrieven  en  verdere  befcheiden  in  het  vyf- 
entwintigfte  articul  befchreeven,  zoo  wel  op 

VOL.  I.  I  3 


t    434    3 

the  twenty-fifth  article,  flating  expfefsly  tnat 
their  effecls  are  not  of  the  number  of  thofe, 
which  are  prohibited,  as  contraband  :  and 
not  having  any  contraband  goods  for  an  ene- 
my's port,  they  may  freely  and  without  hin- 
drance, purfue  their  voyage  towards  the  port 
of  an  enemy.  Neverthelefs,  it  mail  not  be  re- 
quired to  examine  the  papers  of  veffels  con- 
voyed by  veffels  of  war,  but  credence  (hall  be 
given  to  the  word  of  the  officer,  who  fliall  coa« 
dud  the  convoy. 

ARTICLE  XI. 

If  by  exhibiting  the  fea-letters,  and  other 
Mode  of.  documents,  defcribed  more  particularly  in  the 
proceeding  twenty- fifth  article  of  this  treaty,  the  other  par- 
uaband01"  tv  mal1  difcover  there  are  any  of  thofe  forts  of 
goods  are  goods,  which  are  declared  prohibited,  and  con- 
ifcovered.  t,aband5  and  that  they  are  configned  for  a 

port  under  the  obedience  of  his  enemy,  it  mail 
not  be  lawful  to  break  up  the  hatches  of  fuch 
{hip,  nor  to  open  any  chefl,  coffer,  packs, cafks, 
or  other  veffels  found  therein,  or  to  remove  the 
fmalleft  parcel  of  her  goods,  whether  the  faid 
veffel  belongs  to  the  fubjecls  of  their  High 
Mightineffes,  the  States  General  of  the  Uni- 
ted Netherlands,  or  to  the  fubje&s  or  in- 
habitants of  the  faid  United  States  of  Ame- 
rica, unlefs  the  lading  be  brought  on  more,  in 
prefence  of  the  officers  of  the  court  of  admi- 
ralty, and  an  inventory  thereof  made ;  but 
there  ff  all  be  no  allowance  to  fell,  exchange, 
or  alienate  the  fame,  until  after  that  due  and 
lawful  procefs  ihall  have  been  had  againft  fuch 
prohibited  goods  of  contraband,  and  the  court 
of  admiralty,  by  a  fentence  pronounced,  mail 
have  confiscated  the  fame,  faving  always  as 
well  the  {hip  itfelf,  as  any  other  gpods  found 


L     435    J 

tie  open  zee,  als  in  de  havens  te  ex£ibeereny 
exprefielyk  aantonende,  dat  haare  goederen 
niet  zyn  van  het  getal  dkr  geene,  dewelke 
als  contrabande  verbooden  zyn,  en  geene  con- 
trabande  goederen  voor  een  vyandelyke  haven 
gelaaden  hebbende,  na  de  haven  van  een  vy- 
and,  haare  reize  vryelyk  en  onverhindert  mcy 
gen  vervolgen  ;  dog  fal  geen  vifitatie  van  pa- 
pieren  gevergt  worden  van  fcheepen,  onder 
convoy  der  oorlog  fcheepen,  maar  geloof  wor- 
den gegeeven  aan  het  woord  van  den  officiei^ 
het  convoy  leidende. 

ARTICLE  XL 

Indien  by  het  vertoonen  der  zee-brieven  em 
andere  befcheiden  by  het  vyf-entwintigfle  ar~ 
ticul  van  dit  traclaat  nader  befchreeven,   de 
andere  parthy  ontdekt,  dat  er  eenige  van  die 
foort  van  goederen  zyn,  dewelke  verbcodert 
en  contrabande  gedeclareert  zyn,  en  gecon- 
figneert  naar  een  haven  onder  de  gehoorfaem- 
heid  van  den  vyand,  zal  het  niet  geoorloft  zyn 
de  luyken  van  zodanig  fchip  op  te  breeken, 
of  eenige  kill,  koifers,  pakken,  kaflen  of  an- 
der  vaat-werk,  daar  in  gevonden  wordencle  te. 
openen  of  het  geringfte  gedeelte  van  haare 
goederen  te  verplaatfen,  het  fy  fodanige  fchee- 
pen toebehooren  aan  de  onderdanen  van  Haar 
Hoog  Mogende  de  Staten  Generaal  der  Ve-' 
reenigde  Nederlanden,  of  aan  onderdanen  en 
ingezeetenen  van  de  gemelde  V'ereenigde  Staa- 
ten  van  America,  ten  zy  de  lading  aan  land 
gebragt  \vorde  in  prefentie  van  de  ©fficieren 
van  het  admiraliteits  hoff,  en  een  inventaris 
van  defelve  gemaakt,  dog  fal  niet  worden  toe* 
gelaten,  om  defelve  op  eenigerhande  wyfe  te 
verkcopen,  verruilen  of  veralieneeden,  dan, 
na  dat  behoorlyke  en  wettige  procedures  te- 
gens  zodanige  verboderie  contrabande  goed£» 


t   436   3 

therein,  which  are  to  be  efteemed  free,  and 
may  not  be  detained  on  pretence  of  their  being 
infected  by  the  prohibited  goods,  much  Ids 
fliall  they  be  confiscated  as  lawful  prize  :  but 
«n  the  contrary,  when  by  the  vilitation  at 
land,  it  mall  be  found  that  there  are  no  con- 
traband goods  in  the  vefTel,  and  it  mail  not  ap- 
pear by  the  Capers  that  he  who  has  taken  and 
carried  in  the  veflel  has  been  able  to  difcover 
any  there,  he  ought  to  be  condemned  in  all  the 
charges,  damages  and  interefts  of  them,  which 
he  (hall  have  caufed,  both  to  the  owners  of  vef- 
fels,  and  to  the  owners  and  freighters  of  car- 
goes with  which  they  (hall  be  loaded,  by  his 
temerity  in  taking  and  carrying  them  in  ;  de- 
claring moft  exprefsly  the  free  verTels  fliall  af- 
furc  the  liberty  of  the  effects  with  which  they 
fli all  be  loaded,  and  that  this  liberty  mall  ex- 
tend itfelf  equally  to  the  perfons  who  mall  be 
found  in  a  free  veiTel,  who  may  not  be  taken, 
cut  of  her,  unlefs  they  are  military  men  actu« 
ally  in  the  fervice  of  an  enemy. 


ARTICLE  XII. 

On  the  contrary,  it  is  agreed,  that  whatever 
fliall  be  found  to  be  laden  by  the  fubjefts  aad 
liable  inhabitants  of  either  party,  on  any  (hip  belong- 
*ng  to  tne  enemies  of  the  other,  or  to  their  iub- 
put  jecls,  although  it  be  not  comprehended  under 
beiort  d-r-  the  fort  or  prohibited  goods,  the  whole  may. 
Cation  be  con.fifc.ated  in  the  fame  manner  as  if  it  be- 


C     437     ] 

ren  zullen  zyn  gehouden,  en  bet  admiraliteits 
hof  by  een  gepronuntieerde  fententie  dezelve 
zal    hebben  geconfifqueert;   daar  van  ait  cos 
vrylatende,  zoo  \vel  het  fchip  ztlve..  ills  e 
andere  goederen,  daarin  gtvorden  wcrdende, 
\velke  voor  vry  werden  gehoudeh,  riogte  mo- 
gen  dezelve  worden  opgehc  uden,  onder  voor- 
geeven,  dat  die,  als't  ware  door  de  geprohi- 
beerde    goederen,    zouden   zyn   geiiifccleert, 
veel  rnin  zullen  defelve,  als  weftige  prys  wor- 
clen  geconfifqueert :   Maar  in  tegendtel,  wan- 
neer  by  de  viiitatie  aan  land  word  bevonden, 
dater  geen  contrabande  waaren  in  de  fcheepen 
zyn,  en  uyt  de  papieren  niet  bleek,  dat  de  neef 
mer  en  opbrenger,  het  daar  uyt  niet  had  kon- 
nen  ontdekken,   zal  defelve  moeten  worden 
gecondemneert  in  alle  de  koflen  en  fchaden, 
die  ay  zoo  aan  de  eigenaaren  der  fcheepen,  als 
aan  de  eigenaars   en    inlaaders   der  goederen, 
\vaar  meede  de  fcheepen  b^laaden  zullen  zyn, 
door  zyne  rukelooze  aanhouding  en  opbien- 
ging  der  fcheepen  zal  hebben  veroorlaakt  met 
de  intereflen  van  dien;  \vordende  wel  exprefTe- 
iyk  verklaart,  dat  een  vry  fchip,  zal  vry  maa- 
ken  de  waaren  daar  ingelaaden,  en  dat  die  vry- 
heid  zig  ook  zal  uitltrekken  over  de  perfoo- 
11  en,  die  haar  zullen  bevinden  in  een  vry  fchip, 
clewelke    daar   uyt   niet  geligt  zullen  mogen 
worden,  ten  zy  het  waren  oorlogfmiden  in  ef- 
fecliven  dienft  van  den  vyand. 
ARTICLE    XII. 

In  tegendeel  is  overeengekomen,  dat  al  het 
£een  bevonden  zal  worden  gelaaden  te  zyn 
door  de  onderdanen  ea  ingezeetenen  van  een 
<!er  beide  parthyen,  in  eenig  fchip  de  vyan- 
flcn  van  den  anderen,  of  aan  defzelfs  onder- 
danen toebehoorende,  geheel,  of  fchoon  niet 
van  de  iocrt  vaa  verbodcne  goederen., 


C   43s    3 


or  longed  to  the  enemy  ;  except  never  thelefs  fuc/r 
S-  effects  and  merchandizes  as  were  put  on  board 
fuch  veflel  before  the  declaration  of  war,  or  in 
the  fpace  of  fix  months  after  it,  which  effects 
ihall  not  be,  in  any  manner,  fubject  to  conftf- 
cation,  but  (hall  be  faithfully  and  without  de- 
Jay  reftored  in  nature  to  the  owners  who  mail 
claim  them,  or  caufe  them  to  be  claimed,  be- 
fore the  confifcation  and  fale,  as  alfo  their  pro- 
ceeds, if  the  claim  could  not  be  made  but  in 
the  fpace  of  eight  months  after  the  fale,  which 
ought  to  be  public  :  Provided  neverthelefs, 
that  if  the  faid  merchandizes  are  contraband, 
it  mall  by  no  means  be  lawful  to  tranfport 
them  afterwards  to  any  port  belonging  to  ene- 
mies. 


ARTICLE  XliL 

And  that  more  effectual  care  may  be  taken 
for  the  fecurity  of  fubjects  and  people  of  ei- 
ther  party,  that  they  do  not  fufferi  molefta- 
~,%a^~s  tion  from  the  veiTels  of  war  or  privateers  of 
to  do  np  in-  the  other  party,  it  mall  be  forbidden  to  all 
commanders  of  veffels  of  war  and  other  arrn- 
ed  vefiels  of  the  faid  States  General  of  the 
United  Netherlands,  and  the  frid  United 
Shtes  of  America,  as  well  as  to  all  their  offi- 
cers, fubjects  and  people,  to  give  any  offence 
or  do  any  damage  to  thofe  of  the  other  par- 
ty ;  and  if  they  act  to  the  contrary,  they  (hall 
!v,  upon  the  firft  complaint  which  (hall  be 
made  of  it,  being  found  guilty  after  a  juft 
examination,  punifhed  by  their  proper  judges, 
and  moreover  obliged  to  make  iatisia&ion  for 
all  damages  and  interefts  thereof,  by  repara- 


L     439     ] 

*nag  worden  geconfifqueert,  op  dezelve  wy! 
ais  of  het  den  vyand  toequam,  uitgefondert 
zodanige  goederen  en  koopmanfchappen,  als 
aan  boord  van  zodanig  fchip  gedaan  waren 
voor  de  oorlogs-declaratie,  of  binnen  fes  maan- 
den  na  defelve,  welke  goederen  in  geenen- 
deele  confifcatie  zullen  onderhevig  zyn,  maar 
wel  en  getrouwelyk  fonder  uytflel  aan  de 
eigenaers,  die  defelve  voor  de  confifcatie  en 
verkoop  zullen  te  rug  vragen  of  doen  vragen, 
in  hatura  zullen  worden  gereftitueert,  gelyk 
rneede  het  provenu  daar  van,  indien  de  re- 
clame binnen  agt  maanden  na  de  verkoping, 
dewelke  publicq  zal  moeten  worden  geda- 
en,  eerfl  konde  gefchieden,  dog  zoo,  dat,  in- 
dien de  gemelde  koopmanfchappen,  coatra- 
bande  zyn,  het  geenzints  geoorloft  zal  zyn 
defelve  naderhand  te  vervoeren  na  eenige  ha- 
vens, de  vyanden  toebehoorende. 

ARTICLE  XIII. 

En  ten  einde  de  bell  mogelyke  zorg  mag 
worden  gedragen  voor  de  iecuriteit  van  de 
onderdanen  en  het  volk  van  een  der  beide 
parthyen,  dat  dezelve  geen  overlaft  komen  te 
lyden  van  \veegens  de  oorlog-fcheepen  of  ka- 
pers  van  de  andere  parthy,  zullen  alle  de  be- 
velhebbers  van  oorlog-fcheepen  en  gewapen- 
^e  vaartuigen  van  de  voorfchreeve  Staten  Ge- 
neraal  der  Vereenigde  Nederlanden,  en  ^•all- 
de  gemelde  Vereenigde  Staten  van  America,, 
mits  gaders  alle  derlelver  ofricieren  onderda- 
nen en  volk,  verbooden  worden  eenige  belee- 
diging  of  fchade  aan  die  van  de  andere  zyde 
toe-te-brengen,  en  zoo  zy  dien  contrarie  han- 
delen,  zullen  zy  op  de  eerfte  klagtcn,  daar 
over  te  doen,  na  behooriyk  onderfoek  fchul- 
dig  bevonden  \vordende,  dpar  haar  eige  reg- 
ters  ^eftraft  worden,  endaar  en  boven  verpligt 


r  440 


L      4*^      J 

don,  under  pain  and  obligation  of  their  per- 
fons  and  goods. 


ARTICLE  XIV. 

For  further  determining  of  what  has  been 
Captains  of  fajj    all  captains  of  privateers,  or  fitters-out 

privateer?,       r          rr  i  J    £  I  '/r 

&C.  to  «ive  or  veilels  armed  for  war,   under  commiflion 
fufficient     ancj  on  account  of  private  perfons,  (hall  be 

caiuiwn,  to  ,  ?  . 

be  refpon-  held,  before  their   departure,  to  give  iumci- 


mai-  ent  Caut^on5  before  competent  judges,  either 
to  be  entirely  refponfible  for  the  malverfations 
which  they  may  commit  in  their  cruizes  or 
voyages,  as  well  as  for  the  contraventions  of 
their  captains  and  officers  again  ft  the  prefent  • 
treaty,  and  again  ft  the  ordinances  and  edicts 
which  mall  be  published  in  confequence  of 
and  conformity  to  it,  under  pain  of  forfeiture 
and  nullity  of  the  laid  commiilions. 

ARTICLE  XV. 
All  veflels  and  merchandizes  of  whatfoe- 

Coods  ref-  .  r 

cued  fVora  vcr  nature,  which  inall  be  reicued  out  of  the 
pirates  to    }ianc[s  of  any   pirates   or  robbers,  navigating 

Uerelljred.  /     \  r  .  .  .  -'Tr 

the  high  feas  without  requiiite  commiilions, 
mall  be  brought  into  fome  port  of  one  of  the 
two  ftates,  and  depofited  in  the  hands  of  he 
officers  of  that  port  in  order  to  be  reftored  en- 
tire to  the  true  proprietor,  as  foon  as  due  and 
fufficient  proofs  ihall  be  made  concerning  the 
property  thereof. 


ARTICLE  XVI. 

If  any  mips  or  veflels,  belonging  to  either  of 
the  parties,  their  iubjects  or  people,  (I -all, 
within  the  coafts  or  dominions  of  the  other. 


C     44*      ] 

worden  fatisfa&ie  te  geeven  voor  atle  fchacfe, 
en  den  interefl  daar  van,  door  yergoeding  on- 
der  poene  en  verbintenis  van  hunne  perfonen 
en  goederen. 

ARTICLE  XIV. 

Tot  meercler  ver-klaring  van  het  geen  voor- 
fchreeve  is,  zullen  alle  kaper  capitcinen  of 
rheeders  van  fcheepen  op  particuliere  beftel- 
ling  en  commiilie  ten  oorlog-uitgeruft,  voor  de- 
zelve  gehouden  zyn,  voor  derfelver  vertrek, 
goedeen  fuffifante  cautie  te  ftellen  voor  de  com* 
petente  regters,  of  in  het  geheel  te  verantwoor- 
den  de  malveiTatien,  die-ze  in  haare  courflen, 
of  op  haare  reizen  zouden  mogen-begaan,  en 
voor  de  contraventien  van  haare  capiteinen  en 
officieren,tegen  het  tegenwoordig  tractaatende 
ordonnantien,  en  ediften,  die  gepubliceert  zul- 
len worden,  in  kragte,  en  conform  de  difpcfi-* 
tie  van  dien,  op  poene  van  verval,  en  nulliteit 
der  voorfchreve  commifiien* 

ARTICLE  XV. 

Alle  fcheepen  en  koopmanfchappen,  van 
wat  natuur  dezelve  ook  zyn,  die  hernomeii 
zullen  worden  uyt  handen  van  piratten  en 
zeerovers,  fonder  behoorlyke  commiffie  op  de 
open  zee  Varende,  zullen  gebragt  worden  in 
eenige  haven  van  eene  der  beide  flaten,  en 
zullen  aan  de  bewaring  der  officieren  van  die 
haven  worden  overgeleevert,  ten  einde  geheel, 
gereftitueert  te  worden  aan  den  regten  eige- 
naar,  zoodra  als  behoorlyk  en  genoegfaam, 
bewys,  wegens  den  eigendom  der  zelve,  zal 
gedaan  zyn. 

ARTICLE  XVI. 

Indien  eenige  fcheepen  of  vaartuigen  toe- 
behooreende  aan  een  van  beyde  de  parthyen, 
hunne  onderdanen  of  ingezcetenen,  op  de  ku~~ 

VOL,  L  K  3 


[     4-P     3 

flick  upon  the  kinds,  or  be  wrecked  or  fufFer 
any  other    fea-damage,  all  friendly  afliftance 
|n  cafe  of    and  relief  mall  be  given  to  the  perfons  fhip- 
rdSTfhaii  wrecked,  or  fuch  as  mail  be  in  danger  thereof; 
be  -^Forded  and  the  veifels,  effe&s  and  merchandizes,  or 
*    tne  part  of  them  which  (hall  have  been  faved, 
or  the  proceeds  of  them,  if,  being  perifhable, 
they  mall  have  been  fold,  being  claimed  with- 
in a  year  and  a  day  by  the  matters  or  owners, 
or  their  agents  or  attornies,  fhall  be  reftored, 
paying  only  the  reafonable  charges,  and  that 
which  mult  be  paid,  in  the  fame  cafe,  for  the 
falvage,  by  the  proper  fubjects  of  the  country : 
there  fhall  alfo  be  delivered  them,  fafe  con- 
ducts or  paffports,  for  their  free  and  fafe  paf- 
fage  from  thence,  and  to  return,  each  one  t» 
his  own  country. 


ARTICLE  XVII. 

In  cafe  the  fubjects  or  people  of  either  party, 
when  vef-  with   their  {hipping,   whether  public  and  of 
it; ,  by  ftrefs  war,  or  private  and  of  merchants,  be  forced 
&c!flu^«  through  ftrefs  of  weather,  purfuit  of  pirates  or 
forced  into  enemies,  or  any  other  urgent  neceflity  for  feek- 
^ty'ihtu    mg  °^  Belter  and  harbour,  to  retract  and  enter 
he  protec-    into  any  of  the  rivers,   creeks,  bays,  ports, 
nutted  to*"  roads  or  mores,  belonging  to  the  other  party, 
drpar:.       they  fhall  be  received  with  all  humanity  and 
kindnefs,  and  enjoy  all  friendly  protection  and 
*    help,   and  they   fhall  be  permitted  to  refrefh 
and  provide  themfelves,  at  reafonable  rates, 
with   victuals,   and  all  things  needful  for  the 
,  fuftenance  of  their   perfons,  or  reparation  of 
their  mips  ;  and  they  fhall  no  ways  be  de- 
tained or  hindered  from  returning  out  of  the 
faid  ports  or  roads,  but  may  remove  and 


C     443     1 

ften  of  dominien  van  den  anderen  zullen 'ko- 
men  te  ftranden,  vergaan,  of  eenige  andere 
zee-fchade  te  lyden,  zal  alle  vriendelyke  affif- 
tentie  en  hulp  worden  gegeeven  aan  de  per- 
foonen  fchipbreuk  geleeden  hebbende,  of  die 
zig  in  gevaar  daar  van  zullen  bevinden ;  en 
de  fcheepen,  goederen  en  koopmanfchappen, 
en  het  geen  daarvan  ge-borgen  zal  zyn,  of  het 
provenu  van  dien,  by  aldien  die  goederen  ver- 
derffelyk  zynde,  zullen  weezen  verkogt,  alle 
door  de  fchippers  of  door  de  eigenaars,  of  van 
haare  gelafte,  of  volmagt  hebbende,  binnen 
jaar  en  dag  gereclameert  wordende,  worden 
gereflitueert ;  mits  betaelende  alleen  de  ree- 
tlelyke  onkoilen,  en  het  geen  voor  bergloon 
door  de  eyge  onderdanen,  in  het  zelve  gevai, 
betaalt  moet  worden  ;  zullende  infgelyks  bri- 
even  van  vrygeley  aan  hun  worden  gegeeven, 
voor  hunne  vrye  en  geruile  paiTage  van  daar, 
en  retour  van  een  ieder  na  fyn  eigen  land. 
ARTICLE  XVII." 

-  Ingevalle  de  onderdanen  of  ingezeetenen 
van  een  der  beide  parthyen,  met  hunne  fchee- 
pen, het  zy  publique  en  ten  oorlog  varende,  of 
bv  i  ndere  en  ter  koopvaardy  uitgeruft,  door 
onituimig  weer,  najaaging  van  zeerovers  of 
vyanden,  of  eenige  andere  dringende  nood, 
gedwongen  zuilen  worden,  terbekorning  van 
een  fchuiiplaats  en  haaven,  zig  te  retireeren 
en  binnen  te  loopen  in  eenige  der  rivieren, 
creekuen,  baayen,  havens,  rheeden  of  ftran- 
tlen,  toebehoorende  aan  de  andere  panhye, 
zullen  dezelve  met  alle  menfchlievendheid  en 
goedwillighcid  werden  ontfangen,  en  alle  vri- 
endelyke protedie  en  hulp  genieten  en  zal  hun 
worden  toegeitaan  zigte  ververfchen,  en  pro- 
viandeeren,  teegens  reedelyke  pry  fen  met  vie- 
tuaille,  en  alle  dingen  bcnoodigt  tot  cnder- 


C     444     ] 

part  when  and  whither  they  pleafe  without 
let  or  hindrance, 


ARTICLE  XVIII. 

in  cafe  of        For  the  better  promoting  of  commerce, 

mondial-   ^Ot^     ^eS '  ^    *S  agreec^5    ™3*>  ^   a  War 

lowed  to  ci-  break  out,  between  their  High  Mightinefles 
fidh?"  ;ne"  the  States  General  of  the  United  Netherlands, 
the  other's  and  the  United  States  of  America,  there  fhall 
alwaYs  be  granted  to  the  fubjeds  on  each  fide, 
the  term  of  nine  months  after  the  date  of  the 
.  rupture?  or  the  proclamation  of  war,  to  the 
end  that  they  may  retire,  with  their  efFecls, 
and  tranfport  them  where  they  pleafe,  which 
it  mall  be  lawful  for  them  to  do,  as  well  as  to 
fell  or  tranfport  their  effecls  and  goods,  in  all 
freedom  and  without  any  hindrance,  and  with- 
out being  able  to  proceed.,  during  the  faid 
term  of  nine  months,  to  any  arreit  of  their  ef- 
fects, much  lefs  of  their  perfons  ;  on  the  c  «  - 
trary,  there  fhall  be  given  them,  for  their  vei- 
fels  and  their  effects,  which  they  would  carry 
away,  paiTports  and  fafe  conduces  for  the  near- 
'  .eft  ports  of  their  reipective  countries,  and  for 
the  time  neceffary  for,  the  voyage.  And  no 
prize  made  at  fea,  mall  be  adjudged  lawful,  at 
leaft,  if  the  declaration  of  war  was  not  or  could 
not  be  known,  in  the  laft  port,  which  the  vef- 
fel  taken,  has  quitted,  but  for  whatever  may 
have  been  taken  from  the  fubjecls  and  inha- 
J}itants  of  either  party,  and  for  the  offences 
which  may  have  been  givea  them,  in  the  in. 


r 


445     ] 


houd  van  haare  perfoonen  of  reparatie  van 
hunne  fcheepen,  en  zy  zullen  op  geenerley 
wys  worden  opgehouden,  of  verhindert  uit 
de  gemelde  havens  of  rheeden  te  vertrekken, 
maar  mogen  verzylen  en  gaan  wanneer  en 
waar  het  nun  behaagt,  zonder  eenig  beiet  of 
verhindering. 

ARTICLE  XVIII. 

Tot  des  te  beeter  voortzetting  der  weeder- 
fydfche  cominercie,  is  over  eengekomen,  dat 
indien  een  oorlog  mogt  komen  ts  ontdaan, 
tufichen  haar  Hoog  Mogend  e  de  Staten  Gene- 
raal  der  Vereenigde  Nederlanden,  en  de  Ve- 
reenigde  Staten  uan  America,  altyd  aan  de 
onderdanen  van  de  een  of  andere  zyde  zal 
worden  gegeeven  den  tyd  van  neegen  maan- 
den,  na  dato  van  de  rupture  of  proclamatie  van 
oorlog,  om  haar  te  mogen  retireeren  met 
haare  effecten,  endezelve  te  vervoeren,  \vaar 
het  haar  believen  zal,  het  \velk  haar  geoor- 
loft  zal  zyn  te  mogen  doen  ;  als  meede  te  rno- 
gen  verkoopen  of  tranfporteeren  haare  goe- 
.deren  en  meubiiien  in  alle  vryheid  ;  fonder 
dat  men  haar  daarin  eenig  beiet  zal- doen  ;  ook 
zonder  geduurende  de  tyd  van  de  voorfchreeve 
neegen  maanden  te  mogen"  procedeeren  tot 
eenig  arreft  van  haare  perfoonen,  maar  zullen 
inteegendeel  voor  haare  fcheepen,  en  effecten, 
die  zy  zullen  willen  meedevoeren  worden  ge- 
geeven pafporten  van  vry  geleide  tot  de  naefie 
havenen  in  elkanders  Land  en  voor  den  tyd, 
tot  de  reizen  nodig.  Ook  zullen  geen  pryicii 
op  zee  genomen  voor  wettig  gcnomen  gehou- 
den  mogen  worden,  ten  minften  indien  de 
oorlogs-declaratie,  niet  bekent  was  geweeft  of 
had  kunnen  zyn  in  de  haven,  die  het  geenoome 
fchip  het  laaft  heeft  verlaten,  maar  zal  voor  al, 
set  geen  aan  de  onderdaneneu  mgezetenenen 


[     446     ] 

terval  of  the  faid  terms,  a  complete  fatisfadioa 
mall  be  given  them. 


Citizens  of 
neither  par- 
ty thai  1  take 
commif- 
fions  or  let- 
ters of 
marque 
f  mm  a 
prince  or 
hate  with 
whom  the 
o?her  is  at 
uar. 


ARTICLE  XIX. 

No  fubjeft  of  their  High  MightinefTes  the 
States  General  of  the  United  Netherlands,  mail 
apply  for  or  take  any  commimon  or  letters  of 
marque,  for  arming  any  (hip  or  (hips  to  aft  as 
privateers  againft  the  faid  United  States  of 
America,  or  any  of  them,  or  the  fubjecls  and 
inhabitants  of  the  faid  United  States  or  any  of 
them,  or  againft  the  property  of  the  inhabitants 
of  any  of  them,  from  any  prince  or  (late  with 
which  the  faid  United  States  of  America  may 
happen  to  be  at  war  ;  nor  mail  any  fubjecl  or 
inhabitant  of  the  faid  United  States  of  America, 
or  any  of  them,  apply  for  or  take  any  commif- 
fion  or  letters  of  marque  for  arming  any  mip 
or  mips  to  act  as  privateers  againit  the  High 
and  Mighty  Lords  the  States  General  of  the 
United  Netherlands,  or  againft  the  fubje&s  of 
their  High  MightineiTes,  or  any  of  them,  or 
againft  the  property  of  any  one  of  them,  from 
imy  prince  or  ft  ate  with  which  their  High 
Mightinefles  may  be  at  warj:  And  if  any  perlbn 
of  either  nation  mail  take  fuch  commhTion  or 
letters  of  marque,  he  mall  be  punifiied  as  a 
pirate. 


ARTICLE  XX, 

If  the  veifels  of  the  fubjecls  or  inhabitants 
of  one  of  the  parties  come  upon  any  coaft  be- 
longing to  either  of  the  faid  allies,  -but  not 


C     447     ] 

tan  \veederfyd  en  binnen  de  voorfchreeve  ter*- 
mynen,  ontnomen  mogt  zyn,  en  de  beleedigin- 
gen,  die  hun  aangedaan  zouden  mogen  zyn, 
volkoomen  fatisfaclie  gegeeven  worden. 

ARTICLE  XIX. 

Geen  onclerdaan  van  haar  Hoog  Mogende 
de  Staten  Generaal  der  Vereenigde  Nederlan- 
den,  zullen  mogen  verfoeken  of  aanneemen 
eenige  commiffien,  of  lettres  de  marque  tot 
het  wapenen  van  eenig  fchip,  of  fcheepen,  ten 
einde  als  kapers  te  ageeren  teegens  de  gemelde 
Vereeiiigde  Staten  van  America  of  eenige  der 
zelve,  of  teegens  deonderdanen  of  ingezeete- 
nen  der  gemelde  Vereenigde  Staten,  of  eenige 
der  zelve,  van  eenige  prins  of  ilaat,  met  witn, 
de  voorfchreeve  Vereenigde  Staten  van  Ame- 
rica in  oorlog  mogten  zyn  ;  nochto  zal  eenige 
onderdaen  of  ingezeeten  van  demelde  Verc-L  - 
nigde  ftaten  van  America,  of  eenige  derfelve, 
eenige  commiilie  off  lettres  de  marque  verfoe- 
ken of  aanneemen,  tot  het  wapenen  van  eenig 
fchip  of  fcheepen,  om  ter  kaap  te  vaaren  teq- 
gens  de  Hoog  Mogende  Heeren  Staten  Gene- 
raal der  Vereenigde  Nederlanden,  of  tegens 
de  onderdanen  of  ingezeetenen  van  gemelde 
Haar  Hoog  Mogende,  of  eenige  van  defelve, 
of  den  eigendoin  van  eenige  derzelve,  van 
eenige  Prins  of  Staat,  met  wien  haar  Hoog 
Mogende  in  oorlog  zullen  zyn  ;  en  indien 
eenig  perfoon  van  een  van  beide  natien  zoda- 
nige  commiffie  of  lettres  de  marque  zal  aan- 
neemen zal  defelve  als  een  zeerover  wordea 
geftraft. 

ARTICLE  XX. 

De  fcheepen  der  onderdanen  of  ingezeete- 
nen van  een  van  beide  de  par  thy  en,  komencie 
aan  eenige  kuft,  toebehoorende  aan  de:  ecu  of 


C   448    ] 


how  to 


be 


willing  to  enter  into  port,   or  being  entered 
eii-  *nto  Port  anc"  not  wiling  to  unload  their  car- 
the    goes  or  break  bulk,  or  take  in  any  cargo,  they 
ihall  not  be  obliged  to  pay,  neither  for  the 
veffels  nor  the  cargoes,  any  duties  of  entry  in  or 
out,  or  to  render  any  account  of  their  cargoes, 
at  lead  if  there  is  not  juft  caufe  to  prefume  that 
they  carry  to  an  enemy  merchandizes  of  con-. 
traband. 


ARTICLE  XXL 

The  two  contracting  parties  grant  to  each  other 
mutually,  the  liberty  of  having  each  in  the 
ports  of  the  other,  confuls,  vice-confuls,  agents 
an(j  commiflaries  of  their  own  appointing, 

n    "r.         <^  •  nui  i  i    i  .    ° 

of  each  na-  whofe  functions  mall  be  regulated  by  particu- 
lar  agreement,  whenever  either  party  chufes, 
to  make  fuch  appointments. 


eonfuls, 
&c.  to  he 
allowed  in 
the  ports 


cian 


ARTICLE  XXII. 

This  treaty  ihall  not  be  underftood  in  any 
This  treaty  manner  to  derogate  from  the   ninth,  tenth. 

not  t©  dc.        .  ,  r          -i  •    i  c    T_ 

rogatcfrom  nineteenth  and  twenty-fourth  articles  ot  the 

France W"h  treatY  w^^  ^rance?  as  tneY  were  numbered  in 
the  fame  treaty,  concluded  the  fixth  of  Febru- 
ary 1778,  and  which  make  the  articles  ninth, 
tenth,  feventeeth  and  twenty-fecond  of  the 
treaty  of  commerce  now  fubfifting  between  the 
United  States  of  America,  and  the  crown  of 
France :  nor  mail  it  hinder  his  Catholic  Ma- 
jelly  from  acceding  to  that  treaty,  and  enjoy- 
ing the  advantages  of  the  faidfour  articles. 

ARTICLE  XXIII. 

If  at  any  time  the  United  States  of  America 
dial  1  judge  neceiTary  to  commence  negociations 


t     449     ] 

andere  der  gemelde  bondgenooten,  doch  ni-e£ 
voornceinens  zynde  in  een  haven  binnen  te 
loopen,  of  binnen  geloopen  zynde,  en  nietbe- 
geerende  hunne  ladingen  te  lofTen,  of  lail  te 
brecken,  of  by  te  laden,  zullen  niet  gehouden 
zyri  voor  haare  fcheepen  of  laadingen  eenige 
mkomende,  of  uitgaende  regten  te  betalen  nog 
eenige  reekenfchap  van  haare  ladingen  te  gee- 
ven,  ten  minflen  indien  er  geen  wettig  vermo- 
eden  is,  dat  zy  aari  een  vyand  toevoeren  koop- 
manfchappen  van  contrabande; 

ARTICLE  XXL 

De  twee  contrafteerende  parthyen  vergun- 
Tien  over  en  weeder  aanelkanderendevryheid, 
om  ieder  in  de  havens  van  den  anderen,  con- 
fuls,  vice-confuls,  agenten  en  commiflfariflen 
van  hunne  eigen  aanltelling  te  hebben,  welkers 
funclien  gereguleert  zullen  worden  by  parti- 
culiere  overeenkomft,  wanneer  ooit  eene  der 
beide  parthyen  goedvind  zodanige  aanflelling 
te  doen. 

ARTICLE  XXII. 

Dit  traclaat  zal  in  geenerhande  opfigten  ver- 
ftaan  worden  te  derogeereh  aan  de  9,  10,  19 
en  24  articulen^  van  het  traclaat  met  Vrank- 
ryk.  foo  als  die  genummert  zyn  gev/eeft  in 
het  zelve  tracl:aat  den  6  February,  1778,  ge- 
ftooten,  zynde  de  9,  10,  17  en  22  articulea 
van  het  traclaat  van  commercie,  foo  als  het  nu 
in  kragt  is,  tuffchen  de  Vereenigde  Staten  van. 
America  eri  de  kroon  van  Vrankryk  :  en  zal 
meede  niet  beletten,  dat  fyne  Catholicque  Ma- 
] elicit  aan  t'ielve  zoude  accedeeren,  en  van 
het  beneficie  der  gemelde  vier  articulen  jouif- 
feerem 

ARTICLE  XXIIL 

By  aldien  de  Vereenigde  Staten  van  Ame- 
rica, t'eeniger  tyd  nodig  mogten  vinden,  om 
I.  I-  3 


[     45°*    3 

with  the  King  or  Emperor  of  Morocco  and 
Fez,  and  with  the  Regencies  of  Algiers,  Tu- 
i'nitcd  Ne-  nis  or  Tripoli,  or  with  any  of  them,  to  obtain 
toaidtheU  Pa^ports  f°r  tne  Security  of  their  navigation  in 
states  in  the  Mediterranean  fea,  their  High  Mightineflcs 
freatiei?  promife  that  upon  the  requifition  which  the 
the  United  States  of  America  (hall  make  of  it, 
r^e7  v'TiN  fccond  fuch  negochuions  in  the  mod 
favourable  manner,  by  means  of  their  confuls, 
reliding  nj^r  the  faid  King,  Emperor  and  Re- 


gencies. 


ARTICLE  XXIV. 

what  seeds  The  liberty  of  navigation  and  commerce 
kerned  ^ia^  extend  to  all  forts  of  merchandizes,  ex- 
contraband,  cepting  only  thofe  which  are  diftinguifhed  un- 
der the  name  of  contraband,  or  merchandizes 
prohibited  :  and  under  this  denomination  of 
contraband  arid  merchandizes  prohibited,  mall 
be  comprehended  only  war-like  (lores  and 
arms,  as  mortars,  artillery,  with  their  artifices 
and  appurtenances,  fufils,  piilols,  bombs,  gre- 
nades, gun-powder,  faltpetre,  fulphur,  match, 
bullets  and  balls,  pikes,  fabres,  lances,  hal- 
berts,  cafques,  cuiraffes,  and  other  forts  of 
arms  ;  as  alfo  foldiers,  horfes,  faddles,  and 
furniture  for  horfes ;  all  other  effects  and 
merchandizes,  not  beforg  fpecified  exprefsly, 
and  even  all  forts  of  naval  matters,  however 
proper  they  may  be  for  the  conflruction  and 
equipment  of  veiTels  of  war,  or  for  the  manu- 
facture of  one  or  another  fort  of  machines  of 
war  by  land  or  fea,  mail  not  be  judged  contra- 
band, neither  by  the  letter,  nor  according  to 
any  pretended  interpretation  whatever,  ought 
they,  or  can  they  be  comprehended  under  the 
notion  of  directs  prohibited  or  contraband.  So 
that  all  effects  and  merchandizes,  which  are 


[     45'     ] 

by  <len  koning  of  keizer  van  Marocco  of  Fes, 
niitfgaders  by  de  regeeringen  van  Algiers,  Tu- 
nis of  Tripoli,  of  by  eenige  van  dezelve,  ne- 
£otiatien  te  entameeren  tot  het  verkrygen  van 
pafporten,  ter  beveiliging  van  hunne  naviga- 
tie  op  de  Middelandfche  zee,  zoo  beloven 
haar  Hoog  Mogerwle  op  het  aanzoek  v;n 
Hoogftgedagte  Vereenigde  States,  die  negori- 
atien  door  middel  van  hunne  by  den  voor- 
jfchreeve  koning  of  keizer  en  regeeringen,  re- 
fideerende  confuls  op  de  favorabelile  wyze  te 
zulltn  fecondeeren. 

ARTICLE  XXIV. 

De  vryheid  van  navigatie  en  coinmercie  zal 
zig  uit  flrekken  tot  alle  foorten  van  kooprnan- 
Ichappen,  uitgefondert  alleen  deeze,  welke  on* 
derfcheiden  zyn  onder  den  naam  van  contra- 
l>ande  of  verbodene  goederen  :  en  ondcr  dec/;e 
benoeming  van  eontrabande  of  verbodene  gc-:1- 
dcren,  zullen  alleen  begreepen  zynde  oorlogs 
ammunitien,   of  wapenen,  als  mortieren,  ge- 
ichut  met  zyne  vuurwerken,  en  het  geen  daar 
toebehoort ;    geweeren,    piiloolen,    bomben, 
granaden,  bulpulver,  falpeeter,  zwavel,  Ion- 
ten,  koogels,  pieken,  zwaarden,  lancien,  hel- 
baarden,  cafquetten,  cuiraflen,  en  diergelyk 
foort  van  wapentuig,  ook  foldaten,  paarden, 
zadels,  en  toer lifting  van  paarden.     Alle  an- 
dere  goederen  en  koopmanfchappen,  hier  bo- 
ven  niet  uitdrukkelyk  gefpeciiiceert,  jaa  felfs 
alle  foorten  van  fcheepfmaterialen,  hoe  zeer 
dezelve vook  zouden  mogen  zyn  gefchikt,  f-qt 
het  bouwen  of  equipeeren  van  oorlogfcheepne, 
of  tot  het  maken  van  het  een  of  ander  oor- 
logftuig,   te  v/ater  of  te  lande,   zullen  mits 
dien   nog    volgens    den  letter,    nog  volgcns 
eenige  voor  te   wencle  interpretatie  van   de- 
hoe  ook  genaamt  onder  verboodene  of 


C    452    3 

not  exprefsly  before  named,  may,  without  any 
exception,  and  in  perfect  liberty,  be  tranfpor- 
ted  by  the  fubjecls  and  inhabitants  of  both  al- 
lies, from  and  to  places  belonging  to  the  ene- 
my ;  excepting  only  the  places  which  at  the 
fame  time  ihall  be  befiegecl,  blocked  or  invef- 
ted  ;  and  thofe  places  only  ihall  be  held  for 
fuch,  which  are  fur  rounded  nearly  by  foine  of 
the  belligerent  powers. 


ARTICLE  XXV, 

Regulations      To  the  end  that  all  diifention  and  quarrel 
reflecting    may  ^Q  avoiJej   anj  prevented,  it  has  been 

paiipoi'ts.  i      i         •  "      T  PI  • 

agreed,  that  in  cafe  that  one  of  the  two  parties 
happens  to  be  at  war,  the  vefTels  belonging  to 
the  fubjecls  or  inhabitants  of  the  other  ally^ 
{hall  be  provided  with  fea-letters  or  parTports^ 
expreffmg  the  name,  the  property  and  the  bur- 
then of  the  veflel,  as  alfo  the  name  and  the 
place  of  abode  of  the  matter,  or  commander, 
of  the  fuid  veffel,  to  the  end,  that  thereby  it 
may  appear,  that  the  veffel  really  and  truly 
belongs  to  fubjccls  or  inhabitants  of  OB£  of 
the  parties  ;  which  paffports  (hall  be  drawn 
and  diftributed,  according  to  the  form  annexed 
to  this  treaty,  each  time  that  the  vefTel  mail 
return,  (he  mould  have  fuch  her  paflport  re- 
newed, or  at  leafl,  they  ought  not  to  be  of 
more  ancient  date  than  two  years,  before  the 
veflel  has  been  returned  to  her  own  country. 


c  443  : 

fontrabande  goederen,  bcgreepen  kunnen  of 
mogjii  worden :  zoo  dat  alle  dezelve  goede- 
rcu,  waaren  en  koopmanfchappen,  hier  bo- 
Yen  niet  uit  drukkelyk  genoemt,  fonder  eenig 
onderfcheid  zulien  mogen  worden  getranfpor- 
teert  en  vervocrt  in  alie  vryheid,  door  de  on- 
derdaaen  en  ingezectenen  van  beicie  bondge- 
nootcn,  van  en  na  plaatfen,  aan.  den  vyan4 
toebehoorende,  z  x:.i  iige  Ileeden  of  plaatieii 
alleen  uitgefonderc,  welke  op  die  tyt  belee- 
gert,  gebloccjueert  of  geinveileert  zyn,  waar 
voor  aileenlyk  worden  gehouden  de  zu]ke,  die 
door  een  der  oorlogvoerende  mogendheedeu 
van  na  by  ingeflooten  worden  gehouden. 

ARTICLE  XXV. 

Ten  einde  alle  diifentie  en  twift  mag  wer- 
ien  vennyd  en  voorgekomen,  is  over  een  ge^ 
komea,  dat  ingeval  een  van  beide  de  parthyen 
in  oorlog  mogt  komen  te  geraken,  de  fcheepei* 
en  vaartuigen,  toebehoorenrle  ^an  de  onder- 
danen  of  ingezeetenen  van  de  andere  geal- 
lisjrdc,  met  zee-brieven  of  pafporten,  moeten 
werJen  voorften,  expreifeerende  den  naani, 
eigsndom  en  de  groote  van  het  fchip  of  vaar- 
tuig,  als  mecde  den  naam,  plaats,  of  woninge 
van  den  fchipper  of  bevelhebber  van  het  g;e- 
melde  fchip  of  vaartuig,  ten  einde  daar  by 
mag  biyken,  dat  het  fchip  reeel  en  in  waar- 
heid  aan  de  onderdanen  of  ingezeetenen  van 
eene  dcr  parthyen  toebehoord,  welk  pafport 
zal  worden  opgemaakt  en  uitgegeeven,  vot 
gens  het  fbrmulier,  agter  dit  tradaat  gevoegtt 
Defelve  zulien  ieder  reize,  dat  het  fchip  thuys 
is  geweeft  op  nieuw  verleent  moeten  zyn,  of 
ten  minften  niet  ouder  mogen  zyn,  als  twee 
jaar,  voorde  tyd,  dat  het  fchip  Laa^l  is  thuysi 
geweeft. 


454    ] 


It  has  been  alfo  agreed,  that  fuch  veffeL., 
being  loaded,  ought  to  be  provided  not  only 
with  the  faid  paffports  or  lea-letters,  but  alfo 
with  a  general  paffport,  or  with  particular  paff- 
ports  or  manifefts,  or  other  public  documents, 
which  are    ordinarily    given    to  veffels    out- 
ward bound  in  the  ports  from  whence  the  vef- 
fels have  fet  fail  in  the  lad  place,  containing  a 
fpecification  of  the  cargo,  of  the  place  from 
whence  the  veffel  departed,  and  of  that  of  her 
eleflination  ;  or,  inflead  of  all  theft;,  with  cer- 
tificates from  the  magiftrates  or  governors  of 
cities,  places  and  colonies,  from  whence  the 
veffel  came,  given  in  the  ufual  form,  to  the 
end  that  it  may  be  known,  whether  there  are 
any  effects  prohibited  or  contraband,  on  board 
the  vefleli,   and  whether  they  are  deftined  to 
be  carried  to  an  enemy's  country  or  not ;  and 
in  cafe  any  one  judges  proper  to  exprefs  in 
the  faid  documents,  the  perfons  to  whom  the 
effects  on  board  belong,  he  may  do  it  freely, 
without,  however,  being  bound  to  do  it  ;  and 
the  omiflion  of  fuch  expreflion  cannot  and[ 
ought  not  to  caufe  a  confutation. 

ARTICLE  XXVI, 

How  {hips  If  the  veffels  of  the  faid  fubjecte  or  inhabit 
andto*brl9  tants  °f  eu;her  °f  the  parties,  failing  along  the 
treated,  coafts  or  en  the  high  feas,  are  met  by  a  veffel 
°f war'  or  Pr^vateer5  or  other  armed  veffel  of 
the  other  party,  the  faid  veffels  of  war,  priva- 
teerSj  or  armed  veffels,  for  avoiding  ail  difor- 
der,  mail  remain  without  the  reach  of  cannon, 
but  may  fend  their  boats  on  board  the  mer- 
chant veffel,  which  they  (hall  meet  in  this 
manner,  upon  which  they  may  not  pafs  more 


C     455     1 

Met  is  infgelyks  vaftgeftelt,  dat  zodani^e 
fcheepen  of  yaartuigen  golaaden  zynde,  moe- 
ten  weezen  voorfien,  ni€t  alleen  met  pafporten 
of  zeebrieven.  bovengemeld ;  maar  ook  met 
een  generaal  pafport  of  particuliere  pafporten, 
of  manifeilen.  of  andere  publicque  documen- 
ten,  die  in  de  havenen,  van  waar  de  fcheepen 
laafl  gekomen  zyn,  gewopnlyk  gegeeven  \vor- 
den  aan  de  uitgaeride  fcheepen,  inhoudendc 
een  fpeciiicatie  van  de  lading  de  plaats  van 
waar  het  fchip  gezeild  is,  en  waar  heenen  het 
gedcftineert  is,  of  by  gebreeke  van  alle  defelve 
met  certificaten  van  de  magiftraten  of  gouver- 
neurs  der  fleeden,  plaatfen  en  colonien,  van 
waar  het  fchip  vertrokken  is,  in  de  gewoonde 
form  gegeeven,'  op  dat  geweeten  kan  worden, 
of  eenige  verboode  of  contrabande  goedcren, 
aan  boord  van  de  fcheepen  zyn,  en  of  zy  daar 
meede  na's  vyands  hnden  gedeftineert  zyn, 
of  niet.  Kn  by  aldien  iemand  goetdunkt  cf 
rartdzaem  vind,  om  in  de  gemelde  befcheiden 
uit  te  drukken  de  perfoonen,  aan  wien  de  aan 
boord  zynde  goederen  toekomen,  vermag  hy 
zulks  vryelyk  te  doen,  fonder  egter  daar  to* 
gehouden  te  fyn,  of  dat  gebrek  van  die  uit- 
drukking  geleegenheid  tot  confifcatie  kan  of 


mag  geeven. 


ARTICLE  XXVI. 

Indien  de  fcheepen  of  vaartuigen  van  de  ge- 
melde  onderdanen  of  ingezeetenen  van  een 
van  beide  de  par  thy  en,  zeilende  langs  de  ku- 
(ten  off  in  de  open  zee,  ontmoet  zullen  wor- 
den door  eenig  fchip  van  oorlog,  kaper,  of 
gewapend  vaartuig  van  de  andere  parthy,  zul- 
len de  gemelde  orlog-fcheepen,  kapers  of  ge- 
wapende  vaartuigen  tot  vermiding  van  alle  dif- 
or :.:re,  buiten  b-reik  van  het  gefchut  blyven, 
dog  hunaie  bootcu  raogen  zenden  aan  boord 


t 


than  two  or  three  men,  to  whom  the  hiaftef  or 
commander  {hall  exhibit  his  pallport,  contain- 
ing the  property  of  the  veifel,  according  to  the 
form  annexed  to  this  treaty  :  And  the  vefTel, 
after  having  exhibited  filch  a  paflport,  fea-letter 
and  other  documents,  {hall  be  free  to  continue 
her  voyage,  fo  that  it  mail  not  he  lawful  to  mo- 
led her,  or  fearch  her  in  any  manner,  nor  to 
give  her  cliace  nor  to  force  her  to  alter  her 
•eourfe. 


Lawful  for 
merchants 
and  com- 
manders 
of  veffL-is 
to  take  in- 
to their  fer- 
7ice  fea- 
men  and 
others  be- 
longing to 
either  na- 
tion, 


ARTICLE  XXVli.. 

It  mall  be  lawful  for  merchants,  captains 
and  commanders  of  veffels,  whether  public  and 
of  war,  or  private  and  of  merchants,  belonging 
to  the  faid  United  States  of  America,  or  any 
of  them,  or  to  their  fubjeds  and  inhabitants, 
to  take  freely  into  their  fervice,  and  receive 
on  board  of  their  veffels,  in  any  port  or  place 
in  the  jurifdiclion  of  their  High  Might  ineffes 
aforefaid,  feamen  or  others,  natives  or  inhabi- 
tants of  any  of  the  faid  ftates,  upon  fuch  con- 
ditions as  they  mall  agree  on,  without  being 
fubjeft  for  this,  to  any  fine,  penalty,  punifh  • 
ment,  procefs  or  reprehenfion  whatloever. 


And  reciprocally,  all  merchants,  captain^ 
And  commanders,  belonging  to  the  faid  United 
Netherlands,  fliall  enjoy,  in  all  the  ports  and 


C     457     ] 

van  het  koopvaardy  fchip,  welke  zy  op  die 
v/ys  zullen  ontmoeten,  en  op  het  zelve  mogen 
overgaan  ten  getalle  alleen  van  twee  a  drie 
man,  aan  wien  de  fchipper  of  bevelliebber  van. 
zodanig  fchip  of  vaartuig  zyn  pafport  zal  ver- 
toonen,  inhoudende  den  eigendom  van  het 
fchip  of  vaartuig  ingevolge  het  formulier,  ag- 
ter  dit  tractaat  gevoegt,  en  zal  het  fchip  of 
vaartuig  na  de  vertoonig  van  dufdanig  pafport, 
zee-brief  en  verdere  befcheiden  vry  en  liber 
zyn,  om  defzelfs  reis  te  vervolgen,  zoo  dat 
niet  geoorloft  zal  zyn  het  zelve  op  eeniger- 
hande  wyze  te  molefleeren  of  doorzoeken, 
nog  jagt  op  haar  te  maken,  of  het  felve  te 
forceeren,  haare  voorgenomen  cours  te  ver- 
laten. 

ARTICLE  XXVII. 

Het  zal  geoorloft  zyn  aan  kooplieclen,ca  pi- 
teins,  en  bevelhebbers  van  fcheepen,  het  zy 
publicque  en  ten  oorlog,  of  particuliere  en. 
ter  koopvardy  vaarende,  toebehoorende  aaa 
de  gemelde  Vereenigde  Staten  van  America, 
of  eenige  van  dezelve,  of  aan  de  onderdanea 
en  ingezeetenen  van  eenige  derzelve,  vryelyk  in. 
hunne  dienft  aan  te  neemen,  en  aan  boord 
van  haare  gemelde  fcheepen  te  ontfangen,  in, 
iedere  der  havens  of  plaatfen  onder  de  jurif- 
dictie  van  voornoemde  Haar  Hoog  Mogende, 
eenige  bootfgezellen  of  anderen,  zynde  in- 
boorlingen  of  ingezeetenen  van  eenige  der  ge- 
melde Staten,  op  zulke  voorwaarden,  als  zal 
warden  overeen  gekomen,  zonder  daar  voor 
aan  eenige  boete,  pcene,  flraffe,  proces  of  ber ~ 
ifping  hoegenaamt  onclerheevig  te  zyn. 

En  zullen  reciproquelyk  alle  kooplieden, 
capiteinen  en  bevelhebbere  van  fcheepen,  be- 
hoorrcnde  tot  de  vocrfchreeven  Vereenigde 

VOL.  I.  M  3 


[     45*     3 

pi-ices  und^r  the  obedience  of  the  faid  United 
States  of  America,  the  fame  privilege  of  .en- 
gaging and  receiving  feamen  or  others,  na- 
tives or  inhabitants  cf  any  country  of  the  de- 
nomination of  the  faid  States  General :  Pro- 
vided, that  neither  on  one  fide  nor  the  other,- 
they  may  not  take  into  their  fervice  fuch  of 
their  countrymen  who  have  already  engaged 
In  the  fervice  of  the  other  party  contracting, 
whether  in  war  or  trade,  and  whether  they 
meet  them  by  land  or  lea;  at  lead  if  the  cap- 
tains or  mailers  under  the  command  cf  whom 
iuch  perfons  may  be  found,  will  not  of  his 
own  confent  difcharge  them  from  their  fer- 
vice ;  upon  pain  of  being  otherwife  treated 
and  punifhed  as  deferters. 


ARTICLE  XXVIII. 

The  affair  of  the  refraction  mall  be  regu- 
lated in  all  equity  and  juflice,  by  the  magi- 
llrates  of  cities  refpedively,  where  it  mall  be 
judged  that  there  is  any  room  to  complain  in 
this  refpeft. 

ARTICXE  XXIX. 

The  prefent  treaty  mail  be  ratified  and  ap- 
proved-  by  their  High  MightinelTes  the  States 
General  of  the  United  Netherlands,  and  by 
the  United  States  of  America ;  and  the  acts 
of  ratification  {hall  be  delivered,  in  good  and 
due  form,  on  one  fide  and  en  the  other a .in  the 


C    459     3 

Nederlanden,  in  alle  dc  havens  .en  plaatfen, 
onder  het  gebied  van  de  gcmelde  Vereenigdc 
Staten  van  America,  het  zelve  voorregt  gen-- 
ieten  tot  aailneeming  en  ontfangen  van  bootf- 
gezellen  of  anddren,  zynde  inboorlingen  of 
ingczeetenen  van  eenige  der  domeinen  van  de 
gemelde  Staten  Generaal,  met  dien  verftande, 
dat  men  nog  aan  de  cchc  nog  aan  de  a-ndere 
zyde  zig  zal  mogen  bedienen  van  zodnnige 
zyner  landfgenooten,  die  zig  reeds  in  dienft 
van  de  andere  contracleerende  parthye,  het 
zy  ten  oorlog  het  zy  op  koopvaardy  fcheepen, 
heeft  geengageert,  het  zy  men  defelve  aan  de 
vafte  wal,  dan  \vel  in  zee  zoude  mogen  ont- 
moeten,  ten  minilen  indicn  de  capiteincn  of 
-fchippers,  ondcr  wiens   bevel   zodanige  per- 
foonen    zig   mogten   bevinden,   defelve   nict 
vrywillig  uit  hunnen  dienfl  wilde  ontfiaan,  op- 
poene  dat  dezelve  anderfmts  op  den  voet  van 
weglopers  zullen  worden  behandelt,  en  gc- 
ftraft, 

ARTICLE  XXVIII. 

De  toeleg  voor  refraftie  zal  in  alle  redelyk- 
heid  en  billyheid  worden  gereguleert  by  dc 
magiftraten  der  refpeclive  fleeden,  alwaar 
men  oordeelt,  dat  eenige  bezwaarcn  defwcc- 
gens  pi  acts  hcbben. 

ARTICLE  XXIX. 

Het  tegenwoordig  traclaat  warden  gerati- 
ficeert  en  geapprohccrt  by  Hoogdgemelde 
Staten  Generaal  der  Vereenigdc  Ncdcrlanden, 
en  Hoog  gemelde  Vereenigde  Staten  vau 
America,  en  zullen  de  aclen  van  ratificatien 
van  de  ecne  en  dc  anderezyde  in  gocdc  en  de 
behoorlyke  forme  worden  ovcrgcleeverdbinnen 
cjeu  tyd  van  zcs  rnaanden,  ofte  eerder  zo  he" 


C   460   3 

fpace  of  fix  months,  or  fooner  if  pofiible,  t* 
be  computed  from  the  day  of  the  fignature. 

In  faith  of  which,  We  the  Deputies  and 
Plenipotentiaries  of  the  Lords  the  States 
General  of  the  United  Netherlands,  and 
the  Minifler  Plenipotentiary  of  the  United 
States  of  America,  in  virtue  of  our  re- 
fpe&ive  authorities  and  full  powers,  have 
figned  the  prefent  treaty,  and  oppofed 
thereto  the  feals  of  our  arms. 

Done  at  the  Hague  the  eighth  of  October, 
one  thoufand  feven  hundred  and  eighty- 
two. 

(L.  s.)  John  Adams, 


zelve  kan  gefchieden,  te  reekenen  van  den 
dag  van  de  onderteekening. 

Ten  oirkonde  deezes,  hebben  \vy  Gede- 
puteerden,  en  Plenipotentiarifien  van  de 
Heeren  Staten  Generaal  der  Vereenigde 
Nederlanden,  en  Minifter  Plenipotentiaris 
der  Vereenigde  Staten  van  America, 
uitkragte  van  onze  refpective  authorifatie 
en  plein  pouvoir,  deeze  onderteekent, 
en  met  onze  gewoone  cachetten  be- 
kragtigt. 

In  den  Hage  den  agtften  O6lober,  een  duy- 
fent  feeven  hondert  twee  en  tagtig. 

(L.  s.)  George  Van  Randwyck. 

(L.  s.)  B.  V.  D.  SantheuveL 

(L.  s.)  P.  V.  Bleifwyk. 

(L.  s.)  W.  C.  H.  Van  Lynden. 

(L.  s.)  D.  L  Van  Heeckeren. 

(L.  s.)  Joan  Van  Kuffeler. 

(L.  s.)  F.  G.  Van  Dedem,  tot  den  Geldcr* 

(L.  s.)  //.  Tjaffens. 


ORIGINAL. 

C  O  N  V  £  N  T  I  O  N 

Between  the  Lords  the  States  General  of  the 
United  Netherlands,  and  the  United  States 
of  America,  concerning  Veffeh  re-captured. 

THE  Lords  the,  States  General  of  the  Uni- 
ted Netherlands,  and  the  United  States 
of  America,  being  inclined  to  eftablifh  fome 
uniform  principles  with  relation  to  prizes  made 
by  veflcls  of  war,  and  commiflioned  by  the 
two  contracting  powers,  upon  their  common 
enemies,  and  to  veflels  of  the  fubje£ts  of  ei- 
ther party,  captured  by  the  enemy,,  and  re- 
captured by  veflels-  of  war  commiHioned  by 
either  party,  have  agreed  upon  the  following 
articles. 


ARTICLE  I. 

The  vefTels  of  either  of  the  two  nations  re- 
Vviicn  vef-  captured  by  the  privateers  of  the  other,  fhall 
iher  nation  be  reftored  to  the  firft  proprietor,  if  fuch  vef- 
ii  be  re-  feis  have  not  been  four  and  twenty  hours  in 
the  power  of  the  enemy,  provided  the  owner 

°^  t^lc  ven"e^  re-c^Pture^?  pay  therefor  one 
third  of  the  value  of  the  veffel,  as  alfo  of  that 
pf  the  cargo,  the  cannons  and  apparel,  which 
third  mall  be  valued  by  agreement,  between 
the  parties  intereiled  ;  or,  if  they  cannot  agree 
thereon  among  themfelves,  they  fhall  addrefs 
thernfelves  to  the  officers  of  the  admiralty,  of 
the  place  where  the  privateer  who  has  re- taken 
the  veiiel  fhall  have  conducted  her- 


ORIGINAL. 

CONVENTIE ' 

Tuffcben  dc  Heeren  Staten  Generaal  der  Ve- 
reenigde  Nederlanden  en  Vereenigde  Staten. 
van  America,  rakcnds  dc  hcrnomcn  Scheepcn. 

DE  Heeren  Staten  Generaal  der  Veree- 
nigde  Nederlanden,  en  Vereenigde  Sta- 
ten van  America,  geneegen  fynde,  eenige  ge- 
lykvormige  grond  beginzelen  vaft  te  ilellen, 
omtrent  het  opbrengen  van  pryfen,  door  de 
oorlogfcheepen  en  commiflievaarders  van  we- 
derfyds  contra&eerende  parthyen,  op  derfel- 
ver  gemeene  vyanden  genomen,  en  omtrent 
de  fcheepen  van  elkanders  onderdanen,  door 
den  vyand  genomen,  en  by  de  oorlogfcheepen 
en  commiilievaarders  van  weederzyden  herno- 
inens  zyn  met  den  anderen  over  eengekoinen, 
omtrent  de  navolgende  nrticulen. 

ARTICLE  I. 

De  fcheepen  van  eene  der  beide  natien  door 
kapers  van  den  andere  hernomen,  zullen  aan 
den  eerften  eigenaer  wedergegeeven  worden, 
indien  die  fcheepen  nog  geen  vier  en  twintig 
uuren  in  de  magt  van  den  vyand  geweelt  zyn, 
inits  door  den  eigenaer  van  het  hernoome 
ichip  daar  voor  betaald  worde  een  derde  van 
de  \vaarde  van  het  fchip  mitfgaders  van  de 
laading,  canons,  en  fcheepiloeruftingen,  welk 
derde  in  der  minne  begroot  zal  worden  door 
de  geinterefleerde  parthyen  ;  of  anderfmts,  en 
zoo  zy  defvveegens  niet  over  een  konden  ko- 
men,  zullen  zy  zich  adreifeeren  aan  de  bedi- 
enden  der  admiraliteit  van  de  plants  alwaar  dc 
kaper  die  het  fchip  hernomen  hecft,  het  zclvQ 
z'A  hebbcn  ongebnicht. 


C   464  .] 

ARTICLE  II. 

If  the  veiTel  re-captured  has  been  more  than 
Sidelong  twenty-four  hours  in  the  power  of  the  enemy, 
to  the  re-"  file  mail  belong  entirelv  to  the  privateer  who 

captor.  has  rc.taken  ' 


ARTICLE  III. 

In  cafe  a  veflel  mall  have  been  re-captured 

by  a  veifel  of  war,  belonging  to  the  States-Ge- 

whcn  re-    neral  of  the  United  Netherlands,   or  to  the 

byPvefTe!s    United  States  of  America,  flie  mail  be  reltorerl 

ihaTfv11  cy  to  t^le  ^r^  owner>  ^e  Paym£  a  thirtieth  part  of 
reftored.  the  value  of  the  {hip,  her  cargo,  cannons  and 
apparel,  if  me  has  been  re-captured  in  the  in- 
terval of  twenty- four  hours,  and  the  tenth  part 
if  me  has  been  re-captured  after  the  twenty- 
four  hours  ;  which  f urns  mail  be  diftributed  in 
form  of  gratifications  to  the  crews  of  the  veffels 
which  fhall  have  re-taken  her.  The  valuation 
ofthefaid  thirtieth  parts  and  tenth  parts,  mail 
be  regulated  according  to  the  tenor  of  the 
firft  article  of  the  prefent  convention. 


ARTICLE  IV. 

The  reftitution  of  prizes,  whether  they  may 

RefUtm-on  Juive  been  retaken  by  veffels  of  war  or  bypri- 

in  reaiCna-  vatcers,  in  the  mean  time  and  until  requifite 

bie  time.     an(]  fufficient  proofs  can  be  given  of  the  proper- 

ty of  vefleis  re-captured,  fhall  be  admitted  in  a 

realbnable  time,  under  lufficient  fureties  for  the 

obfcrvation  of  the  aibrelaid  articles. 


ARTICLE  V. 

The  veilel.s  of  war  and  privateers,  of  one  and 
of  the  other  of  the  two  nations,  ihall  be  reci- 
procally, both  in  Europe  and  in  the  other  parts 
of  the  world,  admitted  in  the  refpeclive  ports 


C   465    ] 

ARTICLE  II. 

Indien  bet  hernomen    fchip    langer    daa 
vicr  .  n  twintig  uuren  in's  vyands  magt  geweeft 
is,  zal  het  in'tgeheel  aan  den  kaper,  die  hct 
zelve  hernomen  heeft,  toebehooren. 
ARTICLE  III. 

Ingevalle  een  Ichip  zal  hernomen  gev/eeft 
zyn  door  een  oof  log- fchip  of  vaartuig,  toebe- 
hoorende  aan  de  Staten  Generaal  der  Veree- 
nigde  Nederlanden  of  aan  de  Vereenigde  Sta- 
ten van  America,  zal  het  zelve  aan  de;i  eer- 
fl^n  cigenaer  wedergegecven  worden,  mits  be- 
talende  een  dertigfte  gedeelte  van  de  waarde 
van  het  fchip  en  defzelfs  laading,  canons,  en 
fcheepfloeruftingen,  by  aldien  het  binnen  de 
vier  en  twintig  uuren  hernomen  is,  en  het 
tiende  gedeelte  zoo  het  naa  de  vier  en  twintig 
uuren  hernomen  is  :  welke  fommen  als  een 
gratificatie  verdeeld  zullen  worden  onder  de 
equipagien  van  de  fcheepen  die  het  zelve  her- 
nomen zullen  hebben.  De  begroting  der  bo- 
vengemelde  dertigfte,  en  tiende  gedeeltens 
zal  gereguleerd  worden  naar  luid  van  het 
eerfte  articul  der  jegenfwoordige  conventie. 
ARTICLE  IV. 

De  reftitutie  der  pryzen  het  zy  door  oorlog- 
fcheepen  of  kapers  hernomen,  zal  ondertulf- 
chen  en  tot  dat  bchoorlyk  en  voldoende  be- 
\vys  van  dat  eigendom  der  hernomen  fchee- 
pen gegeeven  kan  werden,  onder  fuffifante 
cautie  wegens  het  nakomen  der  bovenftaande 
articulen,  binnen  een  reedelyken  tyd  geadmit- 
teert  werden. 

ARTICLE  V. 

De  oorlog  en  kaper  fcheepen  van  de  eene 
en  de  andere  der  beide  natien  zullen  weder- 
zyds,  zoo  in  Europa  :>!s  in  de  andere  weereldf* 
deelen  in  elkanders  refpective  havens  toegela- 
ten  worden  met  hunne  pryzen,  welke  aldaar 

VOL.  1.  N  3 


C   466   ] 


of 


of  each,  with  their  prizes,  which  may  be  mi 
loaded  and  fold  according  to  the  formalities 
ufecj  in  the  flate  where  the   prize  fhall  have 
p^va'tecrs    been  conducted,  as  far  as  may  be  confident 
to  be  ad-     wjth  the  twcnty-feconcl  article  of  the  treaty  of 

Tnittedwiih  -p,y       •  i     i       t  rr-i  ••        »' 

then-prize*  commerce  :  Provided  always,  lhat  tne  lega- 
lity of  prizes  by  the  vefiels  oi  the  Low  Coun- 
tries, mall  be  decided  conformably  to  the  laws 
and  regulations  eilablifhed  in  the  United  Ne- 
therlands ;  as  likewife,  that  of  prizes  made  by 
American  veffels,  fhall  be  judged  according  to 
the  laws  and  regulations  determined  by  the 
'Unittd  States  of  America. 


into  the 
ports  of 
both  na- 
tions. 


jaftc  na- 
tion may 
inake  re- 
gulations. 


ARTICLE  VI. 

Moreover,  it  fhall  be  free  for  the  States-Ge- 
neral of  the  United  Netherlands,  as  well  as 
for  the  United  States  of  America,  to  make  fuch 
regulations  as  they  fhall  judge  neceifary,  rela- 
tive to  the  conduct  which  their  refpective  vef- 
fels and  privateers  ought  to  hold  in  relation  to 
the  veffels  which  they  {hall  have  taken  and 
conducted  into  the  ports  of  the  two  powers. 


In  faith  of  which,  We  the  Deputies  and  Ple- 
nipotentiaries of  the  Lords  the  States 
General  of  the  United  Netherlands,  and 
Minifler  Plenipotentiary  of  the  United 
States  of  America,  have,  in  virtue  of  our 
refpeclive  authorities  and  full  powers, 
figned  thefe  prefents,  and  confirmed  the 
fame  with  the  feal  of  our  arms. 

Done  at  the  Hague,  the  eighth  of  Q&ober, 
one  thoufand  feven  hundred  and  eighty- 
two, 

(L.  s.)  John  Adam, 


E  467   ] 

iii  lien  mogen  ontladen  en  verkocht  worden^' 
n:iar  de  fonnaliteitcn  gebruikelyk  in  den  ftaat, 
alwaar  de  prys  zal  weezen  opgebragt,  foo  ver- 
het  beflaarihaar  is  met  het  22fle  articul  van 
het  tradaat  van  commercie  ;  met  dien  ver 
(lande,  dat  de  wettigheid  der  pryfen  door 
Nederlandfche  fcheepen  gemaakt  zal  beflift 
worden,  naar  luid  der  wetten  en  reglementen, 
ter  deezer  zake  in  de  Vereenigde  Neederlan- 
den,  vaft  gefteld,  gelyk  ook  die  der  pryzen 
door  Americaanfche  fcheepen  gemaakt,  zal 
beoordeelt  worden  volgens  de  wetten  en  re- 
glementem  by  de  Vereenigde  Staten  van  Ame- 
rica bepaald. 

ARTICLE  VI. 

Voor  het  overige  zal  het  aan  de  Staten  Ge- 
neraal  der  Vereenigde  Nederlanden,  als  meede 
aan  de  Vereenigde  Staten  van  America  vry 
ftaan,  zodanige  reglementen  te  maken  als  zy 
zullen  oordeelen  te  behooren  ;  met  betrekking 
tot  het  gedrag't  geen  hunne  fcheepen  en  ka* 
pers  weederfyds  verpligt  zullen  weezen  te  hou- 
den,  ten  opzigt  der  fcheepen  die  zy  genomen, 
en  opgebragt  zullen  hebbcn  in  de  havens  der 
beide  mogendheeden. 

Ten  oirkcMide  deezes,  hebben  Wy  Gedeputeerden  en 
Plenipotentiarifien  \-JL\\  de  Heeren  Staten  Generaal 
der  Vere&nigde  Nederlanden,  en  Minifter  Plenipo- 
Tentiaris  der  Vereenigde  Staten  van  America,  uyt 
kragt  van  onze  refpeclive  authorifatic  en  plein  pou- 
voir,  deeze  onderteekent  en  met  onze  gcwoone  ca- 
chetten  bekraetigt.  , 

Gedaan  in's  Hage,  den  agtften  October,  een  duyfeulf 
feeven  hoadert  twee  en  tagtig. 

(L.  s.)  George  Van  Raridwyck. 

(L.  s.)  B.  V.  D.  Santheuvel. 

(L.  s.)  P.  V.  Bleifwyk. 

(L.  s.)  W.  C.  H.  Van  Lyn'den. 

(L.  s.)  D.  J.  Van  Heeckeren. 

(L.  s.)  Joan  Van  Kuffeler. 

(L.  s.)  jF.,  G.  Van  Dedem,  t&den 

(L,  s.)  H*  Tjajftns, 


ORIGINAL. 

Provifional    Articles 

BETWEEN    THE 

UNITED  STATES  OF  AMERICA, 

AND 

HIS  BRITANNIC  MAJESTY. 

ARTICLES 

Agreed  upon,  by  and  between  Richard  Ofwald, 
Efquire,  the  CommiJJioner  of  His  Britannic 
Majefty9'for  treating  cf  Peace  with  the  Com- 
miffioners  of  the  United  States  of  America,  in 
Behalf  of  his  faidMajeJiy,  on  the  one  Part,  and 
john  Adams,  Benjamin  Franklin,  yohn  "Jay-, 
and  He?irv  Laitrcns,four  of  the  Commijjioners 
of  thefaid  States,  for  treating  of  Peace  with 
the  Commiffioner  of  His  f aid  Maj'tfty,  on  their 
Behalf,  on  the  othtr  Part,  to  be  inferted  in, 
and  to  conjlitute  the  Treaty  of  Peace,  propofed 
to  be  concluded  between  the  Crown  of  Great- 
Britain  and  thefaid  United  States  ;  but  which 
Treaty  is  not  to  be  concluded  until  Terms  of 
a  Peace  Jhall  be  agreed  upon  between  Great- 
Britain  and  France  ;  and  His  Britannic  Ma- 
jefty  Jhall  be  ready  to  conclude  fuch  Treaty  ac- 
cordingly. 

WHEREAS  reciprocal  advantages  and 
mutual  convenience  are  found  by  ex- 
perience to  form  the  only  permanent  founda- 
tion of  peace  and   friendship  between  dates  ; 
it  is  agreed  to  form  the  articles  of  the  propofed 


[     470     ] 

treaty,  oft  fuch  principles  of  liberal  equity  and 
reciprocity,  as  that  partial  advantages  (thole 
feeds  of  difcord)  being  excluded,  fuch  a  bene- 
ficial ana  fatisfaftory  intercourfe  between  the 
two  countries  may  be  eflabiifhed,  as  ro  pro- 
inife  and  fecure  to  both  perpetual  peace  and 
harmony. 

ARTICLE  I. 

His  Britannic  Majefty  acknowledges  the 
faid  United  States,  viz.  New-Hampfhire,  Maf- 
iachufetts-Bay,  Rhode-Iiland  and  Providence 
Plantations,  Connecticut,  New- York,  New- 
Jerfcy>  Pennfylvania,  Delaware,  Maryland, 
Virginia,North-Carolina5  South-Carolina,  and 
Georgia,  to  be  free,  fovereign  and  independent 
States  ;  that  he  treats  with  them  as  fuch  ;  and 
for  himfelf,  his  heirs  and  fucceifors,  relin- 
quifhes  all  claims  to  the  government,  propri- 
ety and  territorial  rights  of  the  fame,  and  every 
part  thereof.  And  that  all  difputes  which 
might  arife  in  future,  on  the  f abject  of  the 
boundaries  of  the  laid  United  States  may  be 
prevented,  it  is  hereby  agreed  and  declared,,' 
that  the  following  are,  and  lliall  be  their  boun- 
daries, viz. 

ARTICLE  II. 

From  the  north-weft  angle  of  Nova-Scotia,- 
viz.  that  angle  which  is  formed  by  a  line, 
dravn  due  north  from  the  fource  of  St.  Croix 
river  to  the  Highlands  ;  along  the  laid  High- 
lands which  divide  thofe  rivers,  that  empty 
themfelves  into  the  river  St.  Lawrence,  from 
thofe  which v  fall  into  the  Atlantic  ocean,  to 
the  northweflernmoit  head  of  Connecticut  ri- 
ver, thence  down  along  the  middle  of  that  ri- 
ver, to  the  forty-fifth  degree  of  north  latitude  ; 
from  thence,  by  a  line  due  weft  on  faid  lati- 


C    471    ] 

tudc,  until  it  ftrikes  the  river  Iroquois  Ca- 
taraquy  ;  thence  along  the  middle  of  faid  ri-  cftaWi 
ver  into  Lake  Ontario,  through  the  middle  of 
faid  lake  until  it  ftrikes  the  communication  by 
water  between  that  lake  and  Lake  Erie;  thence 
along  the  middle  of  faid  communication  into 
Lake  Eric,  through  the  middle  of  faid  lake  un- 
til it  arrives  at  the  water-communication  be- 
tween that  lake  and  Lake  Huron  ;  thence 
along  the  middle  of  faid  water-communication 
into  the  Lake  Huron ;  thence  through  the 
middle  of  faid  lake  to  the  v/ater- communica- 
tion between  that  lake  and  Lake  Superior ; 
thence  through  Lake  Superior  northward  of 
the  iiles  Royal  and  Philipcaux,  to  the  Long 
Lake  ;  thence  through  the  middle  of  faid  Long- 
Lake,  and  the  water- communication  between 
it  and  the  Lake  of  the  Woods,  to  the  faid  Lake 
of  the  Woods  ;  thence  through  the  faid  lake 
to  the  mod  north- weflern  point  thereof,  and 
from  thence  on  a  due  weft  courfe  to  the  river 
Mifiifippi  ;  thence  by  a  line  to  be  drawn  along 
the  middle  of  the  faid  river  Miflifippi  until  it 
ihall  interfecc  the  northernnioft  part  of  the 
thirty-firft  degree  of  north  latitude.  South  by 
a  line  to  be  drawn  due  eafl  from  the  determi- 
nation of  the  line  lad  mentioned,  in  the  lati- 
tude of  thirty-one  degrees  north  of  the  Equa- 
tor, to  the  middle  of  the  river  Apalachicola 
or  Catahouchi ;  thence  along  the  middle  there- 
of to  its  junction  with  the  Flint  river  ;  thence 
flraight  to  the  head  of  St.  Mary's  river  ;  and 
thence  down  along  the  middle  of  St.  Mary's 
river  to  the  Atlantic  ocean.  Earl  by  a  line  to 
be  drawn  along  the  middle  of  the  river  St. 
Croix,  from  its  mouth  in  the  Bay  of  Fundy  to 
its  fource,  and  from  its  fource  directly  north 
.to  the  aforefaid  Highlands  which  divide  the 


C   472    ] 

rivers  that  fall  into  the  Atlantic  ocean,  from 
thofe  which  fall  into  the  river  St.  Lawrence  ; 
comprehending  alliilandswithintwenty  leagues 
of  any  part  of  the  fhores  of  the  United  States, 
?=nd  lying  between  lines  to  be  drawn  due  eaft 
from  the  points  where  the  aforefaid  bounda- 
ries between  Nova-Scotia  on  the  one  part,  and 
Eaft -Florida  on  the  other,  fhall  reipedively 
touch  the  Bay  of  Fundy  and  the  Atlantic  ocean ; 
excepting  fuch  iilands  as  now  are,  or  hereto- 
fore have  been  within  the  limits  of  the  faid 
province  of  Nova-Scotia. 

ARTICLE  III. 

It  is  agreed  that  the  people  of  the  United 
of     States  {hall  continue  to  enjoy  unmolefted  the 

'""  ™Sht  to  take  ftfll  °f  everY  kmd  on  tne  Grand 
.Bank,  and  on  all  the  other  banks  of  Newfound- 
land ;  alfo  in  the  gulph  of  St.  Lawrence,  and 
at  all  other  places  in  the  fea,  where  the  inhabi- 
tants of  both  countries  ufcd  at  any  time  here- 
tofore to  fifh  ;  and  alfo  that  the  inhabitants  of 
the  United  States  (hall  have  liberty  to  take 
fiih  of  every  kind  on  fuch  part  of  the  ccaft  of 
Newfoundland  as  Britifh  ftfhermen  fhall  ufe 
(but  not  to  dry  or  cure  the  fame  on  that  ifland) ; 
and  alfo  on  the  coaPcs,  bays  and  creeks  of  all 
other  of  his  Britannic  Majefty's  dominions  in 
America ;  and  that  the  American  fifhermen 
i3i all  have  liberty  to  dry  and  cure  fiih  in  any  of 
the  unfettled  bays,  harbours  and  creeks  of  No- 
va-Scotia, Magdalen  iilands,  and  Labrador,  fo 
long  as  the  fame  fhall  remain  unfettled  ;  but  fo 
foon  as  the  fame  or  either  of  them  fhall  be 
fettled,  it  fhall  not  be  lawful  for  the  faid  fifher- 
men to  dry  or  cure  nfn  at  fuch  fettlement, 
without  a  previous  agreement  for  that  purpofe 
-vith  the  inhabitants,  proprietors  or  poflefigrs 
of  the  ground. 


r    473    1 

ARTICLE  IV. 

It  Is  agreed  that  creditors  on  either  fic!e, 
Jhall  meet  with  no  lawful  impediment  to  the 
recovery  of  the  full  value  in  fterling  money,  of 
all  bona  fide  debts  heretofore  contracted. 

ARTICLE  V. 

It  is  agreed  that  the  Congrcfs  mall  earneftly 
recommend  it  to  the  legiflatures  of  the  refpec-  to 
tive  dates,  to  provide  for  the  reflitution  of  all 
Deflates,  rights  and  properties,  which  have  been 
confifcated,  belonging  to  real  Britifh  fubjeds, 
and  alfo  of  the  eftates,  rights  and  properties  of 
perfons  refident  in  diftricts  in  the  poflemon  of 
his  Majefty's  arms,  and  who  have  not  borne; 
arms  againfl  the  faid  United  States.  And  that 
perfons  of  any  other  defcription  mall  have  free 
liberty  to  go  to  any  part  or  parts  of  any  of  the 
thirteen  United  States,  and  therein  to  remain, 
twelve  months,  unmolefted  in  their  endeavours 
to  obtain  the  reftitution  of  fuch  of  their  eftates, 
rights  and  properties,  as  may  have  been  con- 
fifcated  5  and  that  Congrefs  (hall  alfo  earneftly 
recommend  to  the  feveral  dates  a  reconfider- 
ation  and  revifion  of  all  acts  or  laws  regarding 
the  premifes,  fo  as  to  render  the  faid  laws  or 
acts  perfectly  confident,  not  only  with  juftice 
and  equity,  but  with  that  fpirit  of  conciliation^ 
which  on  the  return  of  the  bleffings  of  peace 
fhould  univerfally  prevail.  And  that  Congrefs 
lhail  alfo  earned! y  recommend  to  the  feveral 
dates,  that  the  eitates,  rights  and  properties  of 
fuch  lad  mentioned  perfons,  mall  be  reftored 
to  them,  they  refunding  to  any  perfons  who 
may  be  now  in  poifemon,  the  bona  fide  price 
(where  any  has  been  given)  which  fuch  per- 
fons may  have  paid  on  purchafing  any  of  the 
faid  lands,  rights  or  properties,  fmce  the  COR* 

Voi,.  I«  Q  3 


t     474     ] 

fifcation,  And  it  is  agreed,  that  all  perfons 
-who  have  any  intereft  in  confiscated  lands, 
either  by  debts,  marriage  fettlements,  or  other- 
wife,  ihall  meet  with  no  lawful  impediment 
in  the  profecution  of  their  juft  rights. 

ARTICLE  VI. 

That  there  (hall  be  no  future  confifcations 

further  •.  r  .    n 

maae,  nor  any  prolecutions  commenced  agamlt 


ti  ,s  or       any  perfon  or  perfons  for,  or  by  reafon  of  the 

p  ufecu-  i«ii  *      J 

part  which  he  or  they  may  have  taken  in  the 
prefent  war  ;  and  that  no  perfon  (hall  on  that 
account,  fufter  any  future  lofs  or  damage, 
either  in  his,  perfon,  liberty  or  property,  and 
that  thofe  who  may  be  in  confinement  on  fuch 
charges,  at  the  time  of  the  ratification  of  the 
treaty  in  America,  fhall  be  immediately  fet  at 
liberty,  and  the  profecutions  fo  commenced  be 
dilcontinued. 

ARTICLE  VII. 

There  fhall  be  a  firm  and  perpetual  peace 
between  his  Britannic  Majefty  and  the  faid 
States,  and  between  the  fubjecls  of  the  one 
s  and  the  citizens  of  the  other,  wherefore  all 
Brhifh\r&  h°ft^es  both  by  fea  and  land  mail  then  im- 
nieJ  to  be  mediately  ceafe  :  all  prifoners  on  both  fides 
withdrawn.  fl^H  be  fet  at  liberty,  and  his  Britannic  Ma- 
jefty  ihall  with  all  convenient  fpeed,  and  with- 
out caufing  any  deftruction,  or  carrying  away 
any  negroes  or  other  property  of  the  Ameri- 
can inhabitants,  withdraw  all  his  armies,  gar- 
rifons  and  fleets  from  the  faid  United  States,, 
and  from  every  port,  place  and  harbour  with- 
in the  fame  ;  leaving  in  all  fortifications  the 
American  artillery  that  may  be  therein  ;  and 
fhall  alfo  order  and  caufe  all  archives,  records, 
deeds  and  papers,  belonging  to  any  of  the  faid 
Hates,  or  their  citizens,  which  in  the  courfe 
of  the  war  may  have  fallen  into  the  hands  of 


C     475     3 

his  officers,  to  be  forthwith  reftored  and  de- 
livered to  the  proper  dates  and  perfons  to 
whom  they  belong. 

ARTICLE  VIII. 

The  navigation  of  the  river  MirTifippi,  from  X1 

o  .      Navigation 

its  fource  to  the  ocean,  (hall  lor  ever  remain  .fth-Mif- 
free  and  open  to  the  iubiects  of  Great-Britain,  fil' 

\*t  r    .        TT    •       i    o  'ire 

and  the  citizens  or  the  United  btates.  nations. 

ARTICLE  IX, 

In  cafe  it  (riould  fo  happen  that  any  place 
or  territory  belonging  to  Great-Britain  or  to  conqueft* 
the  United  States,   mould  be  conquered  by  rfvau>fr~ 
the  arms  of  either  from  the  other,  before  the  thef(£i arti- 
arrival  of  thefe  articles  in  America,  it  is  agreed, 
that  the  fame  (hall  be  reftored  without  difficul- 
ty,  and  without  requiring  any  compenfation. 

DONE  at  PARIS,  the  thirtieth  day  of 'No- 
vember,  in  the  year  one  thoufand  j  eve  it 
hundred  and  eighty-two. 

RICHARD  OSWALD,     (L.  s<) 
JOHN  ADAMS,  (L.  s.) 

B.  FRANKLIN,  (L.  s  ) 

JOHN  JAY,  (L.  s.) 

HENBLY  LAURENS,        (L.  s.) 
Witnejs, 

CALEB  WHITEFOORD,  Secretary 

to  the  Britijh  Commiffion* 

W.  T.  FRANKLIN,  Secretary 

to  the  American  Commiffion* 


ORIGINAL. 

DEFINITIVE     TREATY 

O    F 

PEACE 

BETWEEN  THE 

UNITED  STATES  OF  AMERICA 

AND 

HIS  BRITANNIC  MAJESTY. 


Knofoft  Libr* 


In  the  Name  of  the  Moft  Holy  and  Undivided  Trinity. 

IT  having  pleafed  the  Divine  Providence  to 
difpofe  the  hearts  of  the  mofl  ferene  and 
mod  potent  Prince  GEORGE  the  Third,  by  the 
Grace  of  God  King  of  Great-Britain,  France 
and  Ireland,  Defender  of  the  Faith,  Duke  of 
Brunfwick  and  Lunenburg,  Arch-Trea'iirer 
and  Prince  Elector  of  the  Holy  Roman  Em- 
pire, &c.  and  of  the  UNITED  STATES  OF 
AMERICA,  to  forget  all  pail  mifunder (land- 
ings and  differences  that  have  unhappily  inter- 
rupted the  good  correfpondence  and  friend- 
fhip  which  they  mutually  wiih  to  reftore;  and 
to  eftablifh  fuch  a  beneficial  and  fatisfaclory 
intercourfe  between  the  two  countries,  upon 
the  ground  of  reciprocal  advantages  and  mu- 
tual convenience,  as  may  promote  and  iecure 
to  both  perpetual  peace  and  harmony :  And 
having  for  this  defirable  end,  already  laid  the 
foundation  of  peace  and  reconciliation,  by  the 
provifioual  articles,  fi^ucu  at  Paris,  on.  the 


C   478   3 

thirtieth  of  November,  one  thoufand  fever* 
hundred  and  eighty-two,  by  the  commiflion- 
ers  empowered  on  each  part,  which  articles 
were  agreed  to  be  inferted  in,  and  to  confli- 
tute  the  treaty  of  peace  propofed  to  be  con- 
cluded between  the  crown  of  Great-Britain 
and  the  faid  United  States,  but  which  treaty 
was  not  to  be  concluded  until  terms  of  peace 
mould  be  agreed  upon  between  Great- 
Britain  and  prance,  and  his  Britannic  Majefly 
fliould  be  ready  to  conclude  fuch  treaty  ac- 
cordingly ;  and  the  treaty  between  Great-Bri- 
tain and  France,  having  fince  been  concluded,, 
his  Britannic  Majefly  and  the  United  States  of 
America,  in  order  to  carry  into  full  effecl  the 
provisional  articles  abovementioned,  according 
to  the  tenor  thereof,  have  conftituted  and  ap- 
pointed, that  is  to  fay,  His  Britannia  Majefly 
on  his  part,  David  Hartley,  Efquire,  Mem- 
ber of  the  Parliament  of  Great-Britain  ;  and 
the  faid  United  States  on  their  part,  John 
Adams,  Efquire,  late  a  Commiflioner  of  the 
United  States  of  America  at  the  Court  of  Ver- 
failles,  late  Delegate  in  Congrefs  from  the  flate 
of  Maflachufetts,  and  Chief  Juflice  of  the  faid 
flate,  and  Minifter  Plenipotentiary  of  the  faid 
United  Slates  to  their  High  MightinefTes  the 
States  General  of  the  United  Netherlands  ; 
Benjamin  Franklin,  Efquire,  late  Delegate  in 
Congrefs  from  the  flate  of  Pennfylvania,  Pre- 
fident  of  the  Convention  of  the  faid  ftate,  and 
Miniiler  Plenipotentiary  from  the  United 
States  'of  America  at  the  Court  of  Verfailles ; 
John  Jay,  Efquire,  late  Prefident  of  Congrefs, 
and  Chief  Juflice  of  the  flate  of  New- York, 
and  Minifler  Plenipotentiary  from  the  faid 
United  States  at  the  Court  of  Madrid,  to  be 
the  Plenipotentiaries  fgr  the  concluding  arid 


C    479    1 

%ning  the  prefent  definitive  treaty ;  who  af- 
ter having  reciprocally  communicated  their 
refpedive  full  powers,  have  agreed  upon  and 
confirmed  the  following  articles. 

ARTICLE  I. 

His  Britannic  Majefty  acknowledges  the  faid 
United  States,  viz.  New-Hampfhire,  Mafia-  states  a 
chufetts-Bay,  Rhode-Iiland  and  Providence  '*""«-ie 
Plantations,  Connecticut,  New- York,  New- 
Jerfey,  Pennfylvania,  Delaware,  Maryland, 
Virginia,  North-Carolina,  South- Carolina, 
and  Georgia,  to  be  free,  fovereign  and  inde- 
pendent States  ;  that  he  treats  with  them  as 
fuch  ;  and  for  himfelf,  his  heirs  and  fuccef- 
fors,  relinquifhes  all  claims  to  the  government, 
propriety  and  territorial  rights  of  the  fame* 
and  every  part  thereof. 

ARTICLE  II. 

And  that  all  difputes  which  might  arife  in 
future,  on  the  fubjed  of  the  boundaries  of  the 
faid  United  States  may  be  prevented,  it  is  here- 
by agreed  and  declared,  that  the  following 
are,  and  mail  be  their  boundaries,  viz.  From 
the  north-weft  angle  of  Nova-Scotia,  viz.  that 
angle  which  is  formed  by  a  line,  drawn  due 
north  from  the  fource  of  Saint  Croix  river  to 
the  Highlands  ;  along  the  faid  Highlands. 
which  divide  thofe  rivers,  that  empty  them- 
felves  into  the  river  St.  Lawrence,  from  thofe 
which  fall  into  the  Atlantic  Ocean,  to  the 
northwefternmoft  head  of  Connecticut  river, 
thence  down  along  the  middle  of  that  river,  t& 
the  forty-fifth  degree  of  north  latitude  ;  from 
thence,  by  a  line  due  weft  on  faid  latitude,  un- 
til it  ftrikes  the  river  Iroquois  or  Cataraquy  -, 
thence  along  the  middle  of  faid  river  into  Lake 
Ontario,  through  the  middle  of  faid  lake  until 


:e,  it  ftrikes  the  communication  by  water  between 
tnat  laK.e  and  J^aKe  JLrie  <  tnence  alon^  trie 
middle  of  faid  communication  into  Lake  Erie, 
through  the  middle  of  laid  lake  until  it  arrives 
at  the  water-communication  between  that  lake 
and  Lake  Huron  ;  thence  along  the  middle; 
of  faid  water-communication  into  the  Lake 
Huron  ;  thence  through  the  middle  of  faid 
lake  to  the  water-communication  between  that 
lake  and  Lake  Superior  ;  thence  through 
Lake  Superior  northward  of  the  ifles  Royal 
raid  Philipeaux,  to  the  Long  Lake ;  thence 
through  the  middle  of  faid  Long  Lake,  and 
the  water  communication  between  it  and  the 
Lake  of  the  Woods,  to  the  faid  Lake  of  the 
Woods ;  thence  through  the  faid  Lake  to  the 
rm(!  north- welters  point  thereof,  and  from 
thence  on  a  due  weft  courfe  to  the  river  Mif- 
fifippi ;  thence  by  a  line  to  be  drawn  along  the 
middle  of  the  faid  river  Miffifippi  until  it  ihall 
interfecl  the  northernmoft  part  of  the  thirty- 
firft  degree  of  north  latitude.  South  by  a  line 
to  be  drawn  due  eaft  from  the  determination 
of  the  line  lad:  mentioned,  in  the  latitude  of 
thirty-one  degrees  north  of  the  Equator,  to 
the  middle  of  the  river  Apalachicola  or  Cata- 
houche  ;  thence  along  the  middle  thereof  to  its 
jundion  with  the  Flint  river  ;  thence  (traight 
to  the  head  of  St.  Mary's  river  ;  and  thence 
down  along  the  middle  of  St.  Mary's  river  to 
the  Atlantic  ocean.  Eaft  by  a  line  to  be  drawn 
along  the  middle  of  the  river  St.  Croix,  from 
its  mouth  in  the  Bay  of  Fundy  to  its  fource, 
and  from  its  fource  directly  north  to  the  afore- 
faid  Highlands  which  divide  the  rivers  that  fall 
into  the  Atlantic  ocean,  from  thole  which  fall 
into  the  rirer  St.  Lawrence:  comprehending 
all  iflands  within  twenty  leagues  of  any  part  of 


die  fhores  of  the  United  States,  and  lying  be- 
tween lines  to  be  drawn  due  eaft  from  the 
points  where  the  aforefaid  boundaries  between 
Nova-Scotia  on  the  one  part,  and  Eaft-Florida 
on  the  other,  fhall  refpe6tively  touch  the  Bay 
of  Fundy  and  the  Atlantic  ocean ;  excepting 
fuch  iflands  as  now  are,  or  heretofore  have 
been  within  the  limits  of  the  faid  province  of 
Nova- Scotia. 

ARTICLE  III. 

It  is  agreed  that  the  people  of  theUnited  States  Right  of 
Ihall  continue  to  enjoy  unmolefled  the  right  to 
take  fifh  of  every  kind  on  the  Grand  Bank,  and 
on  all  the  other  banks  of  Newfoundland  ;  alfo 
in  the  gulph  of  St.  Lawrence,  and  at  all  other 
places  in  the  fea,  where  the  inhabitants  of  both 
countries  ufed  at  any  time  heretofore  to  fifh  ; 
and  alfo  that  the  inhabitants  of  the  United 
States  fhall  have  liberty  to  take  fifh  of  every 
kind  on  fuch  part  of  the  coaft  of  Newfound- 
land as  Britifh  fifhermen  mall  ufe  (but  not  to 
dry  or  cure  the  fame  on  that  ifland)  ;  and  alfo 
on  the  coafts,  bays  and  creeks  of  all  other  of 
his  Britannic  Majefty's  dominions  in  America ; 
and  that  the  American  fifhermen  (hall  have  li- 
berty to  dry  and  cure  fifh  in  any  of  the  unfet- 
tled  bays,  harbours  and  creeks  of  Nova-Scotia, 
Magdalen  iflands,  and  Labrador,  fo  long  as 
the  faitie  mall  remain  unfettled  ;  but  fo  foon 
as  the  fame  or  either  of  them  mall  be  fettled, 
it  thall  not  be  lawful  for  the  faid  fifhermen  to 
<4ry  or  cure  fifh  at  fuch  fettlement,  without  a 
previous  agreement  for  that  purpofe  with  the 
inhabitants,  proprietors  or  pofieffors  of  the 
ground. 

ARTICLE  IV. 

It  is  agreed  that  creditors  on  either  fide, 
fhall  meet  with  no  lawful  impediment  to  the 

VOL.  L  P  1 


iccom- 

ta 


C   48-2    J 

rccovery  °f  tne  full  value  in  ilerling  money, 
of  all  bona  fide  debts  heretofore  co'ntraclred. 

ARTICLE  V. 

It  is  agreed  that  the  Congrefs  fhall  earned- 
ty  recommend  it  to  the  legiilatures  of  the  ref- 
pe6live  dates,  to  provide  for  the  reftitution  of 

lir,  .    ,  t  .  i-i-i 

nates     an  edates,  rights  arid  properties,  which  have 
rcftittitiou    been  confifcated,  belonging  to  real  Britifli  fub- 

o'  confifta-  •• 

ted  c&ues.  je£U,  and  alfo  of  the  eftates,  rights  and  pro- 
perties of"  perfons  refident  in  didricts  in  the 
poffeilion  of  his  Majefty's  arms,  and  who  have. 
not  borne  arms  againfi  the  fakl  United  States. 
And  that  perfons  of  any  other  defcription  fhall 
have  free  liberty  to  go  to  any  part  or  parts  of 
any  of  the  thirteen  United  States,  and  therein 
to  remain  twelve  months,  mimoleited  in  their 
endeavours  to  obtain  the  reftitution  of  fuch  of 
their   eftates,   rights  and   properties,  as  may 
have  been  confiscated  ;  and  that  Congrefs  fhall 
alfo  earneftly  recommend  to  the  feveral  ftates 
a  reconfi  deration  and.  revifion  of  all  a£ts  or 
laws  regarding  the  prernifes,  fo  as  to  render  the 
faid  laws  or  ads  perfectly  confident,  not  only 
with  juftiee  and  equity,,  but  with  that  fpirit  of 
conciliation,  which  on  the  return  of  the  blef- 
fings  of  peace  mould  univerfally  prevail.  And 
ihat  Congrefs  ihall  alfo  earneftly  recommend 
to  the  feveral   dates,  that  the  eftates,  rights 
and  properties  of  fuch  laft  mentioned  peribns. 
fhall  be  redored  to  them,  they  refunding  to- 
any  perfons  who  may  be  now  in  pofleflion, 
the  bona  fide  price  (where  any  has  been  given) 
which  fuch  perfons  may  have  paid  on  purchaf- 
ing  any  of  the  faid  lands,  rights  or  properties, 
fince  the  confifcation.    And  it  is  agreed,  thae 
all  perfons  who  have  any  intereft  in  confifcated 
lands,  either  by  debts,  marriage  fettlements> 


C    483    ] 

or  otherwife,  fhall  meet  \vith  no  lawful  impe- 
diment in  the  profecution  of  their  juft  rights. 

ARTICLE  VI. 

That  there  fliall  be  no  future  confutations 
made,  nor  any  profecutions  commenced  againft 
any  perfon  or  perfons  for,  -er-by  reafon  of  the  ttom 
part  which  he  or  they  may  have  taken  in  the  ^ 
prefent  war  ;  and  that  no  perfon  mail,  on  that 
account,  fuffer  any  future  lofs  or  damage,  ei- 
ther in  his  perfon,  liberty  or  property ;  and 
that  thofe  who  may  be  in  confinement  on  fuch 
charges,  at  the  time  of  the  ratification  of  the 
treaty  in  America,  mall  be  immediately  fet  al 
liberty,  and  the  profecutions  fo  commenced 
•be  difcontinuecL 

.ARTICLE  VII. 

There  mall  be  a  firm  and  perpetual  peace 
^between  his  Britannic  Majefly  and  the  faid 
States,  and  between  the  f objects  of  the  one  BHtii]l  ar 
.andthe  citizens  of  the  other,  wherefore  all  hof-  w 
tilities,  both  by  fea  and  land,  fliall  from  hence- 
forth ceafe  -:  all  prifoners  on  both  fides  (hall  be 
fet  at  liberty,  and  his  Britannic  Majefly  mall, 
•with  all  convenient  fpeed,  and  without  caufing 
^ny  deflruclion,  or  carrying  away  any  negroes 
or  other  property  of  the  American  inhabitants, 
withdraw  all  his  armies,  garrifons  and  fleets 
from  the  faid  United  States,  and  from  every 
poft,  place  and  harbour  within  the  fame  ;  leav- 
ing in  all  fortifications  the  American  artillery 
that  may  be  therein,;  and  mall  alfo  order  and 
caufe  all  archives,  records,  deeds  and  papers, 
belonging  to  any  of  the  faid  flates,  or  their 
citizens,  which  in  the  cotirfe  of  the  war  may 
have  fallen  into  the  hands  of  his  officers,  to  be 
forthwith  reftored  and  delivered  to  the  pro- 
per ftates  and  perfons  to  whom  they  belong, 


C    484   ] 

ARTICLE  VIII. 

The  navigation  of  fche  river  Miffifippi,  from 

•?*£$£  its  fource  to  the  ocean>  mal1  for  ev^r  remain 
be  free  and  open  to  the  fubje&s  of  Great-  Britain, 
and  the  citizens  of  the  United  States. 


ARTICLE  IX. 

In  cafe  it  fhould  fo  happen  that  any  place 
or  territory  belonging  to  Great-Britain  or  to 

before  ar-       .       TT    .       ./<-,  n         t  •>  i  t  t 

rival  of  the  United  States,  mould  have  been  conquered 
^ee/jnarti~  by  the  arms  of  either  from  the  other,  before 
Americano  the  arrival  of  the  faid  provifional  articles  in 
b?  reftored.  America,  it  is  agreed,  that  the  fame  ihall  be 

reftored  without   difficulty,   and  without  re- 

quiring any  compenfation. 

ARTICLE  X. 

The  folemn  ratifications  of  the  prefent  trea- 
Ratifka-  ty?  expedited  in  good  and  due  form,  mall  be 
ji»n.  exchanged  between  the  contracting  parties, 
in  the  fpace  of  fix  months,  or  fooner  if  poffible, 
to  be  computed  from  the  day  of  the  fignature 
of  the  prefent  treaty.  In  witnefs  whereof,  we 
the  underfigned,  their  Minifters  Plenipotenti- 
ary, have  in  their  name  and  in  virtue  of  our 
full  powers,  figned  with  our  hands  the  pre- 
fent definitive  treaty,  and  caufed  the  fcals  of 
pur  arms  to  be  affixed  thereto. 

DONE  at  Paris  ,  this  third  day  of  Septem- 
ber^ in  thv  year  of  our  Lord  one  thoufand 
fe-ve?i  hundred  and  eighty  -three. 

D.  HARTLEY,  (L.  s.)  • 

JOHN  ADAMS,  (L.  s.) 

B.  FRANKLIN,  (L.  s.) 

JOHN  JAY,  (L,  s.) 


Table  of  Contents. 


PAGE 

CONSTITUTION  of  tie  United  States,         5 


Afts  paffed  at  the  Firft  Seffion  of  the  Firft  Congrefs. 

CHAPTER  PAGE 

I.  An  ad  to  regulate  the  time  and  manner  of 
adminiftering  certain  oaths,  25 

II.  An  act  for  'lay in?  a  duty  on  goods,  wares, 
and  merchandizes  imported  info  the  Uni- 
ted States,  28 

III.  An  aft  imposing  duties,  on  tonnage,  28 

IV.  An  act  for  eftablifhing  an  executive  de-  - 
partment,   to  be  denominated  the  depart- 
ment of  foreign  affairs,  359 

V.  An  aft  to  regulate  ths  collection  of  the  du- 
ties impofed  by  law  on  the  tonnage  of foips 
or  veffels,  and  on  goods,  wares  and  mer- 
chandizes imported  into  the  United  States,     28 
VI.  An  aft  for  fettling  the  accounts  between 

the  United  States  and  individual Jiates,          29 
VII.  An  act  to  eftabl'tfh  an  executive  depart- 
ment^ to  be  denominated  the  department  of 
war,  30 

VIII.  An  aft  to  provide  for  the  government  of 

the  territory  ?iorih-fiveft  of  the  river  Ohio,     3  2 
IX.  An  aft  for  the  eftabiifhment  and  fupport 
of  light- houfes,  beacons ^  buoys ^  and  public 
piers,  33 

X.  An  a cl  providing  for  the  expences  which 
may  attend  negotiations  or  treaties  with 
the  Indian  tribes,  and  the  appointment  of 

s  for  managing  i  be  fame  ^  35 


[     436     ] 

-CHAPTER.  PAGL 

XL  An  aft  for  regiftering  and  clearing  veffels, 
regulating  the  coaft  ing-trade,  and  for  other 
purpofes,  35 

XII .  An  ad  1o  eftablijt)  the  treafury  department ,     3  6 
X1IL  An  aft  for  eftablifhing  the  f alar  ies  of  the 
executive  officers  of *  government ,  with  their 
ajjlftants  and  clerks,  40 

XIV.  An  act  to  provide  for  the  fafc-keeping  of 
the  afts,  records,  and  feal  of  the  United 
States ,  and  for  other  purpofes,  41 

Xtr.  An  aft  tofufpend  part  of  an  aft,  entitled, 
"  #72  aft  to  regulate  the  collection  of  the  du- 
ties impoftd  by  law  on  the  tonnage  of /hips 
or  vcjjcls,  and  on  goods,  wares,  and  mer- 
chandizes,imported  into  theUnited  States," 
and  for  other  pitrpofcs,  44 

XVI.  An  ^ ft  for  the  temporary  eft&blijhment  of 

the  pofi-office,  44 

XVII.  An  aft  for  allowing  compenfatkn  to  the 
Members  of  the  Senate  and  Houfe  of  Re- 
prsfcntat'wes  of  the  United  States,  and  to 

the  officers  of  both  Hovfcs,  45 

XVIII.  An  acl  for  allowing  certain  compenfation 
to  the  Judges  of  the  Supreme  and  other 
Courts,  and  to  the  Attorney -General  of 
the -United  States,  45 

XIX.  An  aft  for  allowing  a  compenfation  to  the 
Prefident  and  Vice-Prefident  of  the  United 
States,  46 

XX.  An  aft  to  eftablifi  the  Judicial  Courts  of 

the  United  States,  47 

XXI.  An  aft  to  regulate  procej/es  in  the  courts 

of  the  United  States,  75 

XXII.  An  aft  to  explain  and  amend  an  aft,  in- 
ft  tit  led,  "  an  aft  for  regiftering  and  clear- 
ing vcffeh,  regulating  the  coojlbtg  trade, 
•  Jfor  other jwrpofis"  75 


[    43;    ] 

CHAPTER  PAGZ 

XXIII.  An  aft  making  appropriations  for  the  fer* 
vice  of  the  prefent  year,  76 

XXIV.  An  a  fl  providing  for  the  payment  of  the 
invalid penf loners  of  the  United  States,          77 

XXV.  An  aCl  to  recognize  and  adapt  to  the  Con- 
ftituiion  of  the  United  States  the  eftablijh- 
ment  of  the  troops  raifed  under  the  refolves 
of  the  United  States  in  Congrcfs  affemblcd, 
and  for  other  purpofes  therein  mentioned,     77 
XXVI.  An  acl  t&  allow  the  Baron  dc  Glaubeck 
the  pay  of  a  captain  in  the  army  of  the 
United  States-,  77 

XXVII.  An  acl  to  alter  the  time  for  the  next  mee- 

,  77 


A£ls  patted  at  the  Second  Seflion  of  the  Firil  Congrefs. 
CHAPTER  PAGE 

L  An  acl  for  giving  effect  to  the  federal  acls 
therein  mentioned,  in  refped  to  the  Jlaic 
of  North-Carolina,   and  other  purpofes,     81 
II.  An  acJ  providing  for  the  enumeration  of 
the  inhabitants  of  the  United  States,  8  r 

III.  An  acl  to  eftablijh  an  uniform  ride  of  na- 
turalization, 87 

IV.  An  aft  making  appropriations  for  the  fup- 

port  of  government,  for  the  year  one  thou- 

f and  f even  hundred  and  ninety,  87 

V.  An  acJ  to  prevent  the  exportation  of  goods 
not  duly  inffieeJed  according  to  the  laws 

of  the  ' fever al  jlates,  01 

VI.  An  acl  to  accept  a  ccjjion  of  the  claims  of 
the  ft  ate  of  North-Carolina,  to  a  certain 
diftricloj  weftcrn  territory,  92 

VII.  An  aft  to  promote  the  progrefs  of  ufeful 

arts,  99 


[     488     ] 

CHAPTER  PAGE 

VIII.  An  ad  further  to  fufp end  part  of  an  acl, 
intituled,  "  an  acl  to  regulate  the  collec- 
tion of  the  duties  impofed  by  law  on  the  ton- 
nage of  Jhips  or  vejfels,  and  on  goods, 
ivares,  and  jiierchandtfes,  imported  Into 
the  United  States ,"  and  to  amend  the  f aid 
acl,  ico 

IX.  An  act  fur  the  puni foment  of  certain  crimes 

again/I  the  United  States.,  i  oo 

X.  An  aft  for  regulating  the  military  eftabUfo- 

me nt  of  the  United  States,  1 1 4 

XI.  An  acl  to  prefcrl be  the^viode  in  <which  the 
public  acts,  records,  and  judicial  proceed- 
ings, in  each  ft  ate,  ft)  a  II  be  authenticated 
fo  as  to  take  effect  in  -every  other  ftaie,  115 
XII.  An  aft  to  provide  for  mitigating  or  remit- 
ting the  forfeitures  and  penalties  accruing 
wider  the  revenue  laivs,  in  certain  cafes 
therein  mentioned,  1 1 6 

XIII.  An  acJ  to  continue  in  force  an  acl  paffed  at 
the  loft  fejflon  of  Congrcfs,  entitled,    "  an 
acl  to  regulate  Procefes  in  the  courts  of  the 
United  States/'  nS 

XIV.  An  ac~i  for  the  government  cf  the  ^Territory 
of  the  United  States,  foulh  of  the  river 
Ohio,  118 

XV.  An  acl  for  the  encouragement  of  learn- 
ing, by  fecuring  the  copies  of  maps,  charts 
and  books,  to  the  authors  and  proprietors 
of  fuch  copies,  during  the  times  therein 
?mntioned,  1 1 S 

XVI.  An  acl:  for  finally  adjufting  and  fatisffmg 
the  claijns  of  Frederick  IVili'iam  De  Steu- 
ben,  123 

XVII.  An  ac~l  for  giving  effect  to  an  acl,  inti- 
tuled, "  An  ail  to  eftablijh  the  judicial 
courts  of  the  United  States,"  within,  the 
ft  ate  of  North-Cqrolhia,  1,23 


[     489     ] 

CHAPTER 

XVIII.  An  act  fupplemental  to  the  aft  for  efta- 
blijhing  the  falaries  of  the  executive  offi- 
cers of  government,  with  their  ajfiftants, 
and  clerks,  125 

XIX.  An  aft  for  giving  cffecl  to  the  fiver al 
ads,  therein  mentioned,  hi  refpeft  to  the 
ft  ate    of    Rhode-ljland   and    Providence 
Plantations,  125 

XX.  An  aft  for  the  relief  of  Thomas  Jenkins 

and  Company,  126 

XXI.  An  act  for  giving  cffecl  to  an  aft,  Intitu- 
led, "  An  ad  to  eftablifh  the  judicial  courts 
of  the  United  States,"   within  the  ft  ate 
of  Rhode -I/land  and  Providence  Planta- 
tions, 126 

XXII.  An  aft  providing  the  means  of  inter rourfe 
between    the    United  States  and  foreign 
nations,  128 

XXIII.  An    ad    to  fatisfy    the    claims    of  yohn 
M'Cord  again/I  the  United  States,  129 

XXIV.  An  aft  for  the  relief  of  Nathaniel  Tiw- 
ning,  129 

XXV.  An  acl  for  giving  cjfeft  to  an  aft,  intituled \ 
"  An  aft  providing  for  the  enumeration 
of  the  inhabitants  of  the  United  States," 
in  refpeft  to  the  ftate  of  Rhode-Ifland  and 
Providence  Plantations,  129 

XXVI.  An  acl  to  authorize  the  pur  chafe  of  a 
tract  of  land  for  the  life  of  the  United 
States,  131 

XXVII.  An  aft  further  to  provide  for  the  payment 
of  the  invalid  pen/toners   of  the   United 
States,  131 

XXVIII.  An  acl  for  eftablljhlng  the  temporary  and 
permanent  feat  of  the  government  of  the 
United  States,  13,3 

VOL.  L 


[     490     ] 

CHAPTER  PAGE 

XXIX.  An  acl  for  the  government  and  regulation 

of  feqmen  in  the  merchants  fervicc,  134 

XXX.  An  act  imp  o/i  ng  duties  on  the  tonnage  of 

Jhips  or  vejjels,  144 

XXXI.  An  act  providing  f>r  holding  a  treaty  or 
treaties  to  ejiablifb  peace  with  certain  In- 
dian tribes,  146 

XXXII.  An  act  to  amend  the  acl  for  -the  ejla- 
bli foment  and  fupport  of  light-houfes,  bea- 
cons* buoys.,  and  public  piers ,  146 

XXXIII.  An  aft  to  regulate  trade  and  intercourfe 
with  the  Indian  tribes,  147 

XXXIV.  An  act  making  provifion  for  the  debt  of  the 
United  States.,  147 

XXXV.  An  acl  to  provide  more  effectually  for  the 
coUcclion  of  the  duties  impofed  by  law  on 
goods,  wares  and  merchandise  imported 
into  the  United  States,  and  on  the  tonnage 

of  Jhips  or  vc/els,  i&2 

XXXVI.  An  act  /;/  :  in  force  for  a  limited 
time,  an  att,  Intituled,  "  an  aft  for  the 
temporary  eftablijhment  of  the  pojl-officc,"    244 

XXXVII.  An  act  for  the  relief  of  John  Stewart 

and  John  Davidfon,  244 

XXXVIII.  An  a-i  to  provide  more  effectually  for  the 
fcillement  of  the  accounts  between  ihe  Uni- 
ted States  and  the  individual  Jiates, 
XXXIX.  An  acJ  making  farther  f>rovij:on  for  the 

payzici:!  cf  -ibe  debts  of  the  United  Stales,  ^47 
XL.  An  acl  to  enable'  the  officers  and  foldiers 
of  the  Virginia  line  on  continental  cjiabiifh- 
mcnt,  to  obtain  titles  io  certain  lands  lying 
north-weft  of  the  river  Ohio,  between  the 
Little  Miami  and  Scic-ta,  254 

XLL  An  aft  auihcrizmg  the  Secretary  of  the 
Treafury  tofaijh  the  light-haft  on  Port- 
land-Head, in  the  diftritt  of  Maine,  257 


C    491    j 

CHAPTER.  PAGE 

XLII.  An  a^i  io  alter  the  times  for  holding  the 
circuit  courts  of  the  United  States  hi  the 
dt/iricls  of  South-Carolina  and  Georgia, 
and  providing  that  the  diftricl  court  of 
PcmijYwaniii,  jhtll  in  future  be  held  at 
the  city  of  Philadelphia  onl\',  258 

XLIII.  An  ah  declaring  the  uffent  of  Congrefs  to 
certain  acts  of  the  Jlates  of  Maryland, 
G. :'^f ;:;.','.',   c;:>:  lihode-ljland  and  Pro-vi- 
ce Plant  a  I  ions,  259 
XL1V.  An  art  for  the  relief  of  difahled  foldiers 
andfeamen  lately  in  the  fer  vice  of  the  Uni- 
ted States ~,  and  of  certain  other  perfons,      259 
XL  V.  An  c:-5l  for  i,               of  the  perfons  there- 
in              \l  ?,r  defcribcd,                            263 
XLVI.  An   acl    making    certain    appropriations 

*dn  menthttedf  265 

XL VII.  An  acl  making  provifion  for  the  reduc- 
tion of  the  public  debt,  268 


Acls  paiTed  at  the  Third  Sefiio-n  of  the  Firft  Congrefs. 

PAGE 

I.  An  aJl  fupplcnuntary  to  the  ad,  infilled, 
64  an  a£t  making  further  prc-i-1/ion  for  the 
payment  of  the  at  -bis  of  the  United  States  "    275 
II.  An  acl  to  pro::jw.efor  the  unlading  of/hips 

or  vcfjels)  in  calls  of  ohjlruclion  by  ice,       276 
III.  An  ad  to  fontinue  an  act,  intituled,  c:  an 
daring  the  ajjcnt  of  Congrefs  to  cer- 
:  affis  of  the  Jlates  of  Mar-ylxnd,  Geor- 
gia,  and  Rhode-Ijtand  and  Providence 
Plantations^-  fo  far  as  the  fame  rcfp?ch 
s  of  Georgia,  and  PJjodc-ljhuid 

::ns,  277 


[     492     ] 

CHAPTER  PACK 

IV.  A n  acl  declaring  the  confent  of  Congrefs? 
thai  a  new  ftate  be  formed  within  the 
jurifdifti6n  of  the  commonwealth  of  Vir- 
ginia ^  and  admitted  into  this  Union,  by 
the  name  of  the  ftate  of  Kentucky?  278 

'<  V.  An  aft  declaring  the  confent  of  Congrefs 

to  a  certain  ad  of  the  ftate  of  Maryland?    279 
VI.  An  aft  making   appropriations  for  the 
fupport  of  government  during  the  year  one 
thoufand  feven  hundred  and  ninety-one, 
and  for  other  pur pofcs?  279 

VII.  An  aft  for  the  admijjlon  of  the  ftate  of 

Vermont  into,  this  Union?  281 

VIII.  An  aft  to  continue  in  force?  for  a  limited 
time?  an  aft  pajjed  at  the  Jirft  fejfion  of 
Congrefs?  intituled?  "  an  aft  to  regulate 
proccffcs  in  the  courts  of  the  United 
States?9  282 

IX.  An  aft  regulating  the  number  ofreprefen- 
tatives  to  be  cbofen  by  the  ftaies  of  Ken- 
tucky  and  Vermont?  282 

X,  An  aft  to  incorporate  the  fubfcribcrs  to 

the  bank  of  the  United  States?  283 

XL  An  aft  fupplementary  to  the  aft?  intitu- 
led? "  an  aft  to  incorporate  the  fubfcri- 
bcrs to  the  bank  of  the  United  States"      295 
XII.  An  ad  giving  effect  to  the  laws  of  the 

United  Slates  within  the  ftate  of  Vermont?    297 
XIII.  An  aft  to  explain  and  amend  an  ad?  inti- 
tuled? "  an  acl  making  further  provif ion 
for  the  payment  of  the  debts  of  the  United 
States?*  299 

XIV.  An  aft  fixing  the  time  for  the  next  annu- 
al meeting  cf  Congrcfs?  300 
X  V.  'An  aft  repealing  dfter  t$e  h;fl  day  of 

jfune  next?  id  upon 

' 


[     493     1 

CHAPTER  PAGE 

and  laying  others  in  their  ftead ;  and 
alfo  upon  fpirits  dijlilled  within  the  Uni- 
ted  States,  and  for  appropriating  the 
fany,  301 

XVI.  An  act  making  an  appropriation  for  the 

purpofe  therein  mentioned,  338 

XVII.  An  acl  to  a  wend  "  an  aft,  for  eftablijhing 
the  temporary  and  permanent  feat  of  the 
government  of  the  United  States,"  339 

XVIII.  An  acl  fupplemental  to  the  ad  "  ejtablijh- 
ing  the  trcafury  department"  and  for  a 
farther  compensation  to  certain  officers,       340 
XIX.  An  acl  relative  to  the  rix-dollar  of  Den- 

mark,  343 

XX.  An  acl  in  addition  to  an  aft,  intituled, 
"  an  ac~l  for  eftablifhing  the  falaries  of 
the  executive  officers  of  government,  with 
their  afjljhints  and  clerks,  343 

XXI.  An  acl  for  making  compensations  to  the 
cofinni/fiomrs  of  loans,  for  extraordinary 
txpenfes,  344 

XXII.  An   act  providing  compenfations  for  the 
officers  of  the  judicial  courts  of  the'  United 
States,  and  for  jurors  andwitneffes9  and 
for  other purpofes,  345 

XXIII.  An  acl  to  continue  in  force  for  a  limited 
time,  an  ad,  intitule d,  "  an  acl  for  the 
temporary  c/iabujhim nt  of  the  foft-qffice"   345 

XXIV.  An  a!i  to  continue  in  force  the  act  therein 
mentioned^  and  to  make  further  provi/wn 
for  tbe  p.:  '''lent  ofpenfions  to  invalids,  and 
for   the  fu^port  of  ligbl-houffs,  beacons, 

bu;;ys -  and  public  piers,  345 

XXV.  An  acl  fupp  y  to  ibc  acl,  making 

frovifrj-i  fir  t.'jj  red\  f  ths  public 

debt,  347 


C     494     ] 

CHAPTER  PACE 

XXVI.  An  aft  making  farther  prwijion  for  the 
collection  of  the  duties  by  law  imp  of ed  on 
teas,  and  to  prolong  the  term  for  the  pay- 
ment of  the  duties  on  wines,  348 
XXVII.  An  ad  for  granting  lands  to  the  inhabi- 
tants and  fettlers  at  Vincennes  and  the 
Illinois  country ,  in  the  territory  north-weft 
cf  the  Ohio,  and  for  confirming  them  in 
their  poffeffions,  ^                                          353 
XXVIII.  An  aft  for  raifing  and  adding  another 
regiment  to  the  military  eftabiifnment  of 
the  United  States ,.  and  for  making  farther 
prdvifiQn  for  the  proioftion  of  th?  fron- 
tiers,                                                            356 


The  Treaties  made  by  the  United  States  of  America, 
with  Foreign  Nations. 

PAGE 

Treaty  of  alliance  between  the  United  States  of 

America  and  his  moft  Chriftian  Majcfty,  366 

treaty  of  amity  and  commerce  between  the  United 

States  of  America  and  his  moft  Chriftian  Ma- 

jtfy,  ,  378 

Treaty  of  amity  and  commerce  between  their  High 
Mightinesses  the  States  General  of  the  United 
Netherlands,  and  the  United  States  of  America ,  420 

Convention  between  the  Lords  the  Stales  General 
of  the  United  Netherlands^  and  the  United 
States  of  America,  concerning  'vejjels  recap- 
tured, 462 

Prcvifional  articles  between  the  United  States  ef 
America,  and  his  Britannic  Majefty,  469 

Definitive  Treaty  cf  Peace  between  the  United 
States  cf  America  and  his  Britannic  Majcjlj,  477 


PRINTING 


Done  with  Expedition  and  Care,  by 


RICHARD  FOLWELL, 


No.  33,  Carter's  Alley. 


